KISHAN CHAND RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) On receipt of a letter from one Shri K. C. Rathore bringing to the notice of this Court that his daughter Veena, who had been married to Sanjay Rathore in November, 1985, had died as a result of firearm injuries and despite complaint having been duly lodged, the police had taken no action and filed the case, this Court treated that as a writ petition and notice was issued. Copy of the inquest report was sent for from the Sub-Divisional magistrate, from which it appeared that death of veena was unnatural. Additional Commissioner of Police while forwarding the inquest report intimated that case had been transferred to the crime branch for investigation. We were informed that the investigation was being monitored by the Chief Metropolitan Magistrate, delhi.

(2.) Subsequently, a report dated 9th July, 1998 was received from the Chief metropolitan Magistrate, Delhi. After perusal of that report, it appeared to us that the matter had not been properly dealt with and, therefore, we considered it appropriate vide our order dated august 24, 1998 to direct that a copy of the letter petition together with all other relevant material and report of the learned Chief metropolitan Magistrate dated 9th July, 1998 be forwarded to the Director, Central Bureau to Investigation, for investigation of the case relating to the unnatural death of Veena. It was further directed that investigation be entrusted to a responsible officer and be supervised by an officer not below the rank of superintendent of Police attached to the CBI.

(3.) After detailed investigation, CBI, has submitted a report dated 21st November, 2000. In the report inter alia it is stated that on the basis of the evidence collected, a case under section 120b read with Sections 302,316 and 201, IPC has been registered against (1) Sanjay rathore, husband of deceased Veena, (2) virender, (3) Satish, (4) Raju, (5) Smt. Alka, and (6) S. K. Sharma and that a charge-sheet has already been filed in the Court of the learned Chief Metropolitan Magistrate, Delhi on 24th October, 2000. The learned Chief metropolitan Magistrate, Delhi has since taken cognizance of the offences and process has already been issued against all the six accused persons.