KAILASHKUMAR SHANKARLAL CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking extra ordinary jurisdiction under Article 226 of the Constitution of India, the applicant - original informant is seeking transfer of investigation to CBI or State CID Agency in connection with the FIR registered with Khadia Police Station for the offences punishable under Ss. 498A, 306, 323, 294B, 114 of the Indian Penal Code and Ss. 3 and 7 of the Dowry Prohibition Act.

(2.) Deceased Lakshmi Piraram was married to accused Piraram Bansilal and marriage was solemnized on 29/6/2020. Deceased went to matrimonial home. Accused are residing in a joint family. On 14/5/2021, she gave a birth to a baby boy Vedansh. On 21/10/2021, deceased Lakshmi passed away and according to prosecution case, she committed a suicide by hanging at her matrimonial home. The brother of the deceased viz. Kailash Chauhan, lodged an FIR for the said offences on 22/10/2021.

(3.) In the aforesaid facts, the brother of the deceased - applicant Kailash Chauhan being dissatisfied and aggrieved with the investigation undertaken by Khadiya Police Station, has preferred present application, seeking transfer of investigation to CBI or CID Crime.