GULSHAN KUMAR SAHNEY Vs. NCT OF DELHI

JUDGEMENT

(1.) A marriage was solemnized between late Manisha, daughter of the petitioner, to Mr.Pradeep Sikri. The sister of late Manisha, Ms.Neha, was married to Mr.Rajesh, respondent no.7, younger brother of Mr.Pradeep Sikri. Late Manisha suffered burn injuries on 26.9.1996 and ultimately passed away on 1.10.1996. No complaint was lodged by any of the relations of late Manisha. The dying declaration of late Manisha was recorded in the presence of a doctor and she stated that the fire, which caused her burns, was accidental and there was no quarrel in the family. The burn injuries were stated to be caused by an operating generator.

(2.) It is alleged that the younger sister of late Manisha, Ms.Neha, was beaten by her husband and in-laws which resulted in a complaint being made and registration of FIR 147/1997 on 2.5.1997 u/s 498A IPC at P.S.Anand Vihar. The petitioner claims that earlier the family members of late Manisha did not make any complaints because they were under threat and they were worried about their younger daughter who was married in the same family but in view of the conduct of the respondents towards Neha, the petitioner also decided to complain about the demise of late Manisha.

(3.) The concerned authorities are alleged to have taken no action with the result that a private complaint was filed before the learned ACMM on 6.8.1997. The learned MM sent the complaint to DCP (Vigilance) for inquiry to be conducted u/s 156(3) Cr.P.C. A report was finally submitted and the learned MM after considering the same, decided to examine the witnesses of the complainant. The testimony of 22 witnesses of the complainant were recorded and arguments were heard on the summoning orders. The learned MM, however, dismissed the complaint on 20.9.2007. The revision petition filed against the same was also dismissed by the learned ASJ vide orders dated 8.2.2008. The petitioner aggrieved by both the aforesaid orders has filed the present petition u/s 482 Cr.P.C.