GEETA GUJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) IT is the grievance of the petitioner that because of death of her brother-in-law a complaint was lodged by her, in the said complaint petitioner had named certain person whom she suspected to have committed the offence. The incident itself is said to have taken place on 1.9.2000 at about 11.30 p.m. It is the grievance of the petitioner that she had filed a written complaint, FIR was not registered. Crime number was not given and no investigation into the matter in accordance with law had taken place.

(2.) ON notices being issued respondents have filed I.A. No. 2440/03 application for disposing of the petition wherein it is averred that a complaint was made on 2.9.2000 at about 10 a.m. Chintoo S/o Baboolal submitted a written complaint about the dead body of an unknown person and that complaint case at Marg No. 77/2000 u/s 174 CrPC was taken into investigation. The Investigating Officer went to the spot prepared panchnama, identified the deceased and it was found that Suresh, brother-in-law of petitioner had died in a train accident. Marg was registered, statements of the deceased brother Virendra Singh and mother Ramshri were also recorded. It is contended that the statement of petitioner Geeta was also recorded on 2.9.2000 and as none of the witnesses disclosed name of any person involved in the murder of deceased Suresh, after investigation final report was made on the complaint and the same was placed before the S.D.O.P. Dabra and finally the District. Assistant Prosecutor accepted final report as contained in Ann. R-2. It is, therefore, submitted that after investigation final report has been submitted and no case is made out.

(3.) CONSIDERING the case in hand also, it is seen that even though a complaint with regard to commission of offence was made, investigation has not been carried out as contemplated under law.