MAHESH KUMAR GARG Vs. STATE

JUDGEMENT

(1.) . Petitioner Mahesh Kumar Garg addressed a letter dated 8th May, 1996 to the Chief Justice of this Court making an 'Appeal for Justice'. The said letter was treated as a Criminal Writ by an order passed by a Division Bench of this Court on 7th June, 1996. The petitioner alleged that his sister Geeta was married to Rajneesh Singhal in the year 1986. She died on 5th January, 1996 in a hospital. The grievances of the petitioner is that the death of his sister is a case of murder covered under Section 302 of the Indian Penal Code. However, the local police in connivance with the family of the in-laws of the petitioner's sister has converted the case into one of suicide. On the basis of a statement made by the petitioner, FIR was registered at the Police Station Rajouri Garden, New Delhi on 5th January, 1996 under Sections .498-A and 306 Indian Penal Code. A suicide note purpotedly written by the deceased was made the basis of treating it to be a case of suicide. However, after the FIR was registered under Sections 498-A and 306 Indian Penal Code, the husband and the brother-in-law of the deceased were arrested on the same day. The petitioner has challenged the suicide note. According to the petitioner, the Delhi Police is shielding the culprits and is manipulating the investigation to the advantage of the culprits. The precise grievances of the petitioner are :

(2.) . He has prayed for re-investigation of the case to be done by the C.B.I, or the Vigilance/Special Crime Branch of the Delhi Police.

(3.) . M response to the notice issued to the respondents, an affidavit has been filed by Shiv Raj Singh, Assistant Commissioner of Police, West District, Delhi. After giving some facts of the case, it has been pointed out in the affidavit that on completion of investigation, a challan was filed in the court of the Metropolitan Magistrate, Delhi before the expiry of period of ninety days. An important fact to be noted is that though a challan has been filed, the case is sttil with the Magistrate. No commital order under Section 209 Criminal Procedure Code has been passed by the Magistrate so far.