HANUMAN SINGH SHEKAWATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ petition has sought for a direction in the nature of mandamus directing respondents No.3 and 4 to consider the complaint filed by him or in alternative refer the matter to the Central Bureau of Investigation (CBI).

(2.) THE petitioner is the resident of Balagram Nagar, District Ujjain, Madhya Pradesh. He is having four children including the deceased Durgesh Kanwar Shekawath, who alleged to have committed suicide by hanging in a room in M S Ramaiah Girls Hostel called 'Triveni Ladies Hostel'. At the time of death, she was studying in 2nd year MBBS course in M S Ramaiah Medical College at Bangalore. She was bright student and was good at her studies through out her career as a student. She had joined MBBS course for the academic year, 2009 -2010 for being selected through KAMEDK. While she was pursuing her studies at Bangalore, she was in constant touch with the petitioner and was communicating with him and other members of his family. Surprisingly, the petitioner was informed by a girl student from the hostel that his daughter deceased had committed suicide by hanging in a room in her hostel. He therefore lodged a complaint to the police and the same has been registered under Section 174 of Cr.PC. On enquiry, he was informed that his daughter committed suicide by hanging in a room on 22.3.2011. He suspected some foul play in the matter and made an enquiry and it revealed that she was openly taunted by the college authorities particularly Sri Kumar, respondent No.7, the then Principal of the College and respondents No.8 and 9 in the presence of other students alleging that she had committed cheating in the examination. She was also suspended on the alleged acts of illegal practice during internal evaluation of forensic medicine on 18.12.2010 and she had been expelled from the hostel with immediate effect. The deceased was openly humiliated for such alleged act, which she had not committed. She was not treated with decency and dignity by the college authorities and the then principal of the college.

(3.) LEARNED Government Pleader submits that the Director General and Inspector General of Police has transferred the case registered by the 4th respondent/police under Section 174 of Cr.PC to CID for further investigation with immediate effect and directed the 4th respondent to handover the records to the CID for further investigation. He further submitted that the CID filed 'B' report on 14.12.2011. Since the representation of the petitioner has been considered by respondents No.3 and 4, the matter has been entrusted to the CID for further investigation and after investigation, the CID filed 'B' report on 14.12.2011. However, if the petitioner is aggrieved by the 'B' report, he can challenge the same before the competent Court as per law. In view of the above, the writ petition is disposed of.