HABIBULLAH KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) This writ petition has been preferred by Habibullah Khan-father of the deceased, namely, Naazma Bano who was about 18 years of age, with a prayer for issuance of mandamus directing the respondents to constitute a team of Officers of Crime Branch, Headed by Superintendent of Police, Crime Branch to hold the re-investigation in relation to the alleged death of the deceased-Naazma Bano, daughter of the petitioner. It has been further prayed that 3rd respondents be directed to submit the case diary along with the Post-Mortem report of the deceased-Naazma Bano.

(2.) When this writ petition was initially taken up for hearing, notice was issued to the respondents returnable within three weeks and in the meantime, Investigating Officer was directed to file his status report regarding the course of investigation taken in case FIR no. 39/2009. Subsequently, when the above said order was not complied with, vide order dated 11.03.2011,3rd respondent - Investigating Officer was directed to appear in person, along with the case diary. Today when this case was taken up, Mr. Magray, learned AAG, placed case diary before this Court and Investigating Officer is also present.

(3.) The grievance of the petitioner is that his daughter-Naazma Bano who was about 18 years of age was exploited by some persons residing in the same locality who were extending threats to her to commit illegal act with them which she refused. Thereafter, the said culprits started exploiting her and managed to take some obscene photographs. It is further stated that one fine morning when his daughter was alone in the house she consumed poison and thereafter she was hospitalized, where finally she succumbed to death. A case was registered with the Police Station Panzala as FIR No. 39/2009 under Section 309 RPC. It is further stated that three persons, namely, Mohammad Ashraf s/o Gh. Mohammad Khan R/o Naribal, Ghulam Rubani s/o Gh. Mohammad Khan R/o Naribal and Ghulam Jeelani s/o Gh. Mohammad Khan R/o Katroo Naribal, were found responsible and on arrest one Gh. Rubani confessed that he had purchased a photograph for Rs. 500/- which was taken in a marriage ceremony and with which he tried to exploit the deceased-Naazma Bano.