SURAJ MODI Vs. COMMISSIONER OF POLICE DELHI

JUDGEMENT

(1.) By this petition the Petitioner inter alia seeks transfer of investigation relating to FIR No. 114/2011 under Section 302 IPC registered at PS Vasant Kunj to Central Bureau of Investigation (CBI).

(2.) Learned counsel for the Petitioner contends that the Petitioner is an unfortunate father of Shobhit Modi who died a homicidal death at about 9.30 P.M. near C-5, Gali No. 2, Vasant Kunj, New Delhi. The Petitioner had specifically named the family of one Ms. Shivangi who was close to her son. The Petitioner suspects R.N. Bhadwar, father of Shivangi to possibly have a hand in his son's death. The Petitioner has specific reasons for naming them as his son and Shivangi had relations which were not approved by R.N. Bhadwar. In this context on or around 17 th February, 2011 R.N. Bhadwar had visited the Petitioner's home and specifically expressed his disapproval of Shobhit's relationship with Shivangi. He had also arranged goons to misbehave with Shobhit in October, 2010. Despite R.N. Bhadwar having threatened Shobhit to maintain distance from Shivangi, they remained in touch with each other resulting in the death of the Petitioner's son. The investigations have fortified and substantiated the claim of the Petitioner that the Petitioner's son was threatened in his college by goons at the instance of R.N. Bhadwar however, still no action is taken. The claim of the police that it has investigated and interrogated all the family members of Ms. Shivangi at length but still they do not find any material to implicate them is wholly incorrect. A perusal of the several text messages on deceased's phone also independently indicate the strained and violent relationship between Shivangi and her father and brother.

(3.) According to the Petitioner the Delhi Police have been resistant to look at the complicity of the Badhwar family in this crime from the very beginning of this investigation on flimsy grounds. The Respondents have investigated into all angles like road rage, random crime or for robbery etc. which have also resulted in futility. The police did not even seize the laptop and mobile phone of the deceased though they took it and returned back the same, without preparing any seizure memo. No scientific investigation has been conducted of the internet forums like email, messaging, phoning applications including Facebook, Gmail, Skype, Whatsapp have neither been analyzed nor asked to be frozen so that no interference with the data takes place. On 27 th May, 2011 the Petitioner was called to meet one Deepak Malik/Deepak Singh who had allegedly confessed to have robbed and murdered Shobhit. Though the police claimed that they had recovered bloodstained clothes from Malik, and a team of officers was sent to Kanpur to seize the weapon of offence however, the same alsodid not yield results. In fact on further investigation it was revealed that the said Malik/Singh was not even in the city on the date when the Petitioner's son was murdered. Thus the investigation be transferred to CBI for a fair and independent probe so that culprits of the Petitioner's son are prosecuted as per law.