LAWS(DLH)-2018-9-293

VIDYA DEVI Vs. STATE (GOVT NCT OF DELHI)

Decided On September 24, 2018
VIDYA DEVI Appellant
V/S
State (Govt Nct Of Delhi) Respondents

JUDGEMENT

(1.) By this petition, the petitioner who is the mother of the deceased Deepak prays for a de-novo/re-investigation by another agency except the local police in case FIR No.236/2016 under Sections 302/452/341/324/34 IPC read with Section 120-B IPC registered at PS Khyala. The petitioner also prays for conducting a DNA test of the two children of Radha namely Naina and Harsh to detect the actual parentage.

(2.) From the narration of facts which would be hereinafter adverted to it will be seen that the second prayer as noted above has no relevance to the facts of the present petition and cannot be granted in the present petition.

(3.) As regards the first prayer of de-novo/re-investigation of FIR No.236/2016 is concerned, facts of the case are that on 19th May, 2016 at around 10:50 PM, a PCR call was received regarding firing that took place at Narsingh Garden, Khyala on which DD No.52-A was recorded. The same was marked to ASI Surta Nand who reached the place of incident i.e. RZ-B105, Narsingh Garden, Khyala and found blood was scattered over there. The injured had been taken to Guru Gobind Singh Hospital. On reaching the hospital, it was revealed that the injured Deepak S/o Shankar Singh, R/o RZ-B-105, was brought in a PCR van and had been referred to DDU Hospital and from DDU Hospital, he was referred to Safdarjung Hospital. In the MLC of injured Deepak, alleged history of stab injury by sharp object was mentioned.