LILABEN GOVINDBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has prayed to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, order or direction by ordering respondent nos.2 to 4 that take action and register FIR in respect to written complaint dated 15.04.2020 filed by present applicant which is at Annexure ?A and further direct respondent no.4 to start investigation without any further delay and further prayed to direct respondent nos.2 to 4 to take action and register FIR in respect to written complaint dated 15.04.2020 filed by present applicant which is at Annexure ?A.

(2.) Heard learned advocate for the applicant as well as learned APP for the respondent ?State.

(3.) It is submitted by learned advocate for the applicant that in the written complaint, son of the applicant namely Mahesh got married to respondent no.5 on 17.01.2020 at Viramgam, wherein respondent no.6 was a middleman in solemnizing the said marriage. However, respondent no.6 frequently used to come to house of the son of present applicant and used to spend 2 ?3 hours with respondent no.5 in solitude, whenever son of the applicant went for work. The present applicant informed to the same to her son pursuant to which the son of the applicant asked respondent no.5 not to talk to respondent no.6, due to which, the son of the applicant had a frequent quarrels with respondent no.5 ?his wife. Even though son of the applicant had told respondent no.6 not to come to his house, respondent no.6 frequently used to visit house of the son of the applicant and because of respondent no.6, frequent quarrels took place between son of the applicant and respondent no.5. before few days, son of the applicant had warned respondent no.5 his wife ? namely Ambika that if Kishore i.e. respondent no.6 comes into the house, he will commit suicide. On 08.04.2020, son of the applicant namely Mahesh went somewhere and therefore, present applicant lodged a Janva Jog Application before Viramgam Town Police Station dated 09.04.2020. On 09.04.2020, Police informed the applicant that son of the applicant namely Mahesh has committed suicide by jumping into Narmada Canal. During that time, the applicant found one hand written note written by son of the applicant from his belonging and in that note, it has been specifically written that son of the applicant in spite of repeatedly asking respondent no.6 not to visit his house, respondent no.6 used to visit house of the son of the applicant. He also warned respondent nos.5 and 6 to cut off the relationship failing which, he will commit suicide and that respondent nos.5 and 6 with help of each other coerced the son of the applicant to commit suicide and the son of the applicant committed suicide due relationship between respondent no.6 ? Kishorebhai and respondent no.5 ?Ambika. That even though a written complaint was lodged on 15.04.2020 by present applicant, respondent authorities have in careless and reckless manner failed to register a formal complaint or FIR and have thereby committed a gross negligence in a case where such a serious allegations are levelled against respondent nos.5 and 6. It was submitted by learned advocate for the applicant to allow present application.