MAYA DEVI Vs. STATE

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing to set aside the judgment and order dated 31.01.2017 passed by the Ld. Special Judge- CBI- 03 PC Act, Tis Hazari Courts, Delhi, in C.R. no. 12/16 titled as 'Ms. Versha Aggarwal versus State of NCT of Delhi & Anr.' whereby the ld. Additional Sessions Judge was pleased to allow the criminal revision filed by the respondent no. 2 and set aside the order on application under section 156(3) Cr.P.C. dated 10.08.2016 passed by the ld. Metropolitan Magistrate-07, Central District , Tis Hazari Courts, Delhi, in complaint case titled as Versha Aggarwal vs. Maya Devi & Ors. whereby the ld. Trial Court was pleased to dismiss the application of respondent no. 2 under section 156(3) Cr.P.C.

(2.) The brief facts leading to the filing of the present petition are as stated in the complaint filed by the complainant i.e. respondent no. 2 that the complainant married Pradeep Kumar Aggarwal on01.07.2009 and after marriage she started residing at her matrimonial house consisting of petitioners, who are her mother in law (petitioner no. 1), brothers in law (petitioners nos. 2-4), sister in law (nanad) (petitioner no. 6) and jaithani (sister in law) (petitioner no.5) respectively. As per the complainant i.e. respondent no. 2, it is stated that on 27.11.2014, she and her husband went to their relatives at Aligarh, and thereafter proceeded to Khurja for a marriage function and both of them attended the marriage at Khurja and After marriage on 02.12.2004, the complainant's husband departed for Delhi, whereas, complainant stayed back. It came to the knowledge of the Complainant that the deceased had his last dinner prepared and cooked by his mother on 03.12.2014 and at around09:00 P.M, when complainant's husband had reached home after attending the shop. On 04.12.2014 at about 12:30 p.m., she was informed about the death of her husband. The deceased was taken to the Hindu Rao hospital and was declared dead after all the formalities and medical examinations.

(3.) It is further submitted that in the month of August of 2015 the respondent no.2 had filed a complaint case under section 156(3) Cr.P.C. against the petitioners in the court of ld. CMM which was marked to the concerned MM for registration of FIR. Ld. MM on the application and complaint of respondent no.2 had directed to the concerned Police Station to file status report i.e. ATR and accordingly status report was filed which clearly show that it was a 'Natural Death'. Considering the status report and other documents, the Ld. MM vide its order dt. 10.08.2016 dismissed the application by observing that in the chemical analysis of viscera, no poisonous substance was detected and as per the final opinion given by the doctors of the Hindu Rao Hospital, the cause of death was septic shock due to lung infection and therefore medical evidence collected by the police during the inquiry was sufficient to rule out the possibility of any foul play. Accordingly, matter was listed for leading complainant evidence with liberty to the complainant to substantiate her allegations. Being aggrieved respondent no.2 preferred a Criminal Revision which was marked and assigned to Ld. ASJ, Delhi and vide order dt. 31.01.2017 the court was pleased to set aside the order dt. 10.08.2016 passed by the Ld. MM.