SAROJ BHOLA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) CRL.M.A. No. 9130/2018

(2.) The material on record shows that the brother of the deceased, i.e. the son of the petitioners herein, wrote an email on 10.04.2015 to the Commissioner of Police stating that no action had been taken even after five months of the death of the deceased. On 02.07.2015, the petitioner Nos.1 and 2 gave statements before the SDM stating that the respondent Nos. 4 and 5 have inflicted cruelty on the deceased by taunting her that she has brought less dowry and were responsible for the suicide committed by the deceased. The petitioner No.2 stated that the earlier statement was given in a hurry. The SDM wrote a letter dated 14.07.2015, to SHO, Tilak Nagar, sending the statements of the petitioner Nos.1 and 2 dated 02.07.2015, for taking appropriate action and to register FIR. It was mentioned in the said letter that the SHO and the Executive Magistrate have failed to follow rules.

(3.) On 29.07.2015, after about ten months of the death of the deceased, FIR No.1119/2015 was registered under Sections 306/34 IPC. After investigation, on 09.02.2017, a closure report was filed. The respondent Nos.4 and 5 were kept in column No.12. Despite the closure report, the learned Metropolitan Magistrate-05, West, on 19.07.2017 found that prima facie offences punishable under Section 306/34 IPC are made out against the accused and committed the case to the Sessions Court.