ANCHAL CHAUHAN Vs. STATE & ORS

JUDGEMENT

(1.) Present writ petition has been preferred by the petitioner Anchal Chauhan under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for transfer of the investigation in case FIR No.56/2018 registered under Section 498A/306 IPC at PS Farsh Bazar to some other investigating agency. Status report is on record.

(2.) I have heard learned counsel for the parties and have examined the file. The petitioner's sister Prerna expired on 16.02018 at around 09.30 p.m. at the matrimonial home. She had received fatal injuries due to fall from the fourth floor of the house. First she was taken to Surya Hospital; from there, she was taken to MAX Hospital where she was declared brought dead. Undisputedly, matrimonial dispute existed between the deceased and her in-laws. She had lodged several complaints before her death. Complaints dated 16.10.2009 and 23.06.2012 and statements recorded on 17.12013 and 01.10.2015 where the victim had levelled allegations of physical and mental torture / beatings to her by her husband under the influence of liquor were recovered from the almirah of the victim's residence. These complaints were lodged at PS Farsh Bazar. Nothing is on record to show if the police of PS Farsh Bazar ever took any serious action on the said complaints.

(3.) Soon after the incident, complaint dated 16.02.2018 was lodged by the victim's brother whereby it was informed that on 16.02.2018 at around 09.00 p.m. the victim was constantly calling the petitioner Anchal Chauhan, sister Anjali Solanki and brother-in-law Harikishan Solanki informing that her husband was drunk and was abusing and beating her. It was also alleged in the complaint that the victim was scared and was having apprehension to be killed by her husband. She pleaded her relatives to come and save her. In the complaint, it was further informed by the informant that subsequently he was told that his sister (the victim) had jumped from the 4th floor of the building of her residence and was admitted in the hospital. Strange enough, despite the complaint disclosing commission of cognizable offence and the suspicious circumstances in which the victim expired, the investigating agency did not lodge any FIR. Finally, on 20.02.2018 FIR under Section 498A/306 IPC was lodged at PS Farsh Bazar. It was, prima facie, taken as if the victim had committed suicide by jumping from the fourth floor of the house. No cogent material was available before the investigating agency to form an opinion that it was a case of suicide.