KEDARNATH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER, a 82 years old person has invoked the writ jurisdiction of this Court aggrieved by the manner in which the process of investigation and inquiry into the death of his daughter, Kumari Chetana Sharma who was working as Sub Inspector in District Bhind is being carried out. Inter alia contending that investigation in the matter is not conducted properly and the then Superintendent of Police, Bhind, one Shri Rajababu Singh has in fact murdered petitioner's daughter, the First Information Report lodged by him is not properly registered, action is not being taking for registering the case under section 302 of IPC, petitioner has filed this petition and the reliefs claimed are that a writ of Mandamus or any other writ be issued directing the respondents to handover investigation of the offence to the Central Bureau of Investigation (CBI) for its fair and impartial investigation and CBI be directed to register a case under Section 302, IPC, against the accused persons which include Shri rajababu Singh and investigate the matter in accordance with law.

(2.) FACTS in a nutshell relevant and necessary for disposal of this petition are that late Chetana Sharma was a member of the District Police force, Bhind. She was working there since May, 2006 and was posted as Sub inspector, Police Station (Dehat), Bhind. Chetana Sharma at the relevant time was staying in the official quarter allotted to her by the department and on the date of the incident, i. e. , 29th / 30th November, 2006, it is stated that she was alone in the house. When the servant lady who does domestic work in the house of late Chetana Sharma, one Renu w/o Ramsiya came to the house at 7. 30 A. M. , of 30th November, 2006 and when she did not receive any response, she called certain ladies living in the neighbourhood, one Smt. Jadon with others came along with Renu and on a slight push, the door opened, when they went inside the house, it was found that Chetana Sharma was lying in the bed (indicated as thakat in the investigation report) with arazai covering up to her forehead, the razai was removed from the forehead and blood was seen on the nose and the region of the mouth, it was though that this was due to snake bite. Accordingly, the matter was reported to the Police Station, Kotwali, Bhind. Officials came and on investigation it was found that Chetana Sharma is dead, the razai was removed and a service pistol issued to the deceased was found on the bed. Injuries were found on the breast and also on the back side. It is stated that crime was registered under Section 174, Cr. PC, panchnama was prepared, and accordingly all concerned were informed and investigation into the matter progressed.

(3.) GRIEVANCE of the petitioner is that immediately after he received the information, he came to Bhind from Gwalior and even before that his relatives, namely; Brijmohan Sharma, uncle and aunti Vimala Sharma of Chetan sharma and nephews, Radhakrishna Sharma and Chandra Kant Sharma of the deceased had reached the spot as all of them were staying in Bhind and requested the police authorities not to remove the dead body and send it to post-mortem till the petitioner and his family members arrives. Grievance of the petitioner is that at the instance and intervention of Shri Rajababu Singh, the s. P. of Bhind, the dead body was sent for post-mortem without waiting even for the I. G. , and D. I. G. , who were coming to Bhind from Gwalior. It is stated that before the aforesaid senior officials could came from Gwalior, at the instance of the then Superintendent of Police, panchnama was prepared, the entire site of the incident was disturbed and the body was sent for post-mortem. According to the petitioner, immediately after he came to the spot and after meeting various people, it became clear to him that his daughter has not committed suicide but she has been killed and the then Superintendent of Police is responsible for the same. It is stated that petitioner immediately submitted a written report to the inspector General of Police on 30th November, 2006 itself before post-mortem vide Annexure P-3 demanding registration of a case under Section 302 of IPC, and further investigation into the matter. It was stated in the complaint that his daughter, Chetana Sharma had been informing him for the last three to four months that the Superintendent of Police, Shri Rajababu Singh is troubling, harassing and insisting upon her accompanying him in official trips to Delhi and bhopal, he had tried to give her gifts and when she refused to accept them, the same were sent through a constable. It was pointed out that before her death on 29th November, 2006, when the Superintendent of Police has misbehaved with her after calling her to his house, Chetana Sharma had sent a compliant to the president of the National Women Commission, New Delhi vide Annexure P-l making allegations against the then Superintendent of Police. In this complaint, it is stated that certain gifts were proposed to be offered to her by the then superintendent of Police and when she refused to take the same, the gifts were sent through a constable to her official residence and she was left with no option to accept them. According to Chetana Sharma, the then Superintendent of police was harassing her in many ways which included sexual harassment. According to the petitioner, when the investigation and processing of the matter on 30th November, 2006 was proceeding under the direct supervision of the then Superintendent of Police, he submitted objection vide Annexure P-3 to the inspector General of Police, and thereafter his son also made persistent requests to the police authorities to get the post-mortem done by a team of doctors from Gwalior and ensure proper investigation into the matter after registration of First Information Report on the basis of the complaint, annexure P-3. It is stated that various complaints were made, to the National women Commission, New Delhi vide Annexure P-4, the Chief Minister vide annexure P-5 and the Director General of Police and the Principal Secretary, home on various dates, upto 3-12-2006, pointing out to that the case is not being properly investigated, it is being treated as a case of suicide whereas it is a case of murder of Chetana Sharma by the then Superintendent of Police, inter alia contending that no action was taken on the complaint submitted by the petitioner and the investigation is not being properly conducted, petitioner has filed this petitibn on 5th January, 2007.