KALPANA MAHESHWARI Vs. STATE OF U.P

JUDGEMENT

(1.) Short counter affidavit filed today by the Union of India is taken on record.

(2.) Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri J.K. Pandey and Ms. Nimisha Jain, learned counsel for the petitioner, Sri Ratan Singh, learned A.G.A. appearing for the State respondents, Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel appearing for the Central Bureau of Investigation (C.B.I.) and Sri Manu Vardhana, learned counsel appearing for the Union of India.

(3.) Fact giving rise to the present petition is that the daughter of the petitioner Anshu Maheshwari had married to Sumit Binani on 27/11/2020. Thereafter, both of them shifted to United States of America (U.S.A.), where the daughter of the petitioner died in a blast in the house at Seattle U.S. and when the petitioner came to know about the same she lodged a first information report dtd. 28/9/2023 at Police Station Medical College, District Meerut, U.P. making allegations of dowry death against the accused-Sumit Binani and copy of this first information report was sent to Ministry of Home Affairs, Government of India, New Delhi. The petitioner also made a complaint to C.B.I. on 2/6/2022 about the aforesaid incident. Thereafter, on 15/10/2023 office of Senior Superintendent of Police, Meerut has submitted a report to Inspector General of Police, Meerut Zone, Meerut recommending the case to be investigated by the C.B.I. as the offence has been committed outside India and finally matter was referred to C.B.I. by the police authorities of U.P. When no action was taken by the C.B.I. to conduct investigation under Sec. 188 Cr.P.C. regarding death of daughter of the petitioner, the petitioner has approached this Court by filing present petition with the following prayers:-