JAGDISHBHAI ZAVERBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed to transfer the investigation pertaining to FIR bearing C.R. No. 11192061230253 registered with Viramgam Town Police Station, District Ahmedabad, for the offences punishable under Sec. 306 , 498A and 114 of the IPC.

(2.) Heard learned advocates for the respective parties.

(3.) Learned advocate Ms. Archita Prajapati appearing for the petitioner submitted that the victim has died on 17/5/2023 and the reasons for death was shown to be suicide by husband, father-in-law and mother-in-law of the deceased. Thereafter, the parents of victim though has asked the police officer to investigate into the case of the victim's death, the police officer did not lodge FIR. She also submitted that when the incident like suicide or doubtful death is reported and/or the police came to know about such incident, it is the prime duty of the police officer that without permitting the accused person or family members, the police officers are duty bound to take the body to the hospital and request the doctor of government hospital to carry out the postmortem and to record the FIR against such suspicious person and to start investigation. She further submitted that the police officer has come to know that this is a case of murder or suicide, they have not requested for postmortem of the body or has not registered the FIR. She further submitted that the police authority has not proceeded with the investigation pertaining to the said suicide as they have not carried out the postmortem report, no forensic evidence is collected, no panchnama was carried out on the day when the dead body was brought to the hospital. She also submitted that the police has not recorded the statement of the petitioner and his family members and after number of requests and after petitioner's niece had written letters to the various authorities, then the FIR had been lodged by the police officer of Viramgam Police Station. She also submitted that the petitioner and his family members are apprehending biased investigation on the part of the investigating officers. She therefore requested to transfer the investigation to CBI or CID, Gujarat State for independent investigation of the impugned FIR.