RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks a direction to be issued to the respondents to transfer the investigation of the F.I.R. No. 170/95 lodged under Section 498A, 304B and 201 IPC, P.S. Behror, dated 20.6.1995 and FIR No. 259/95 dated 8.9.95 under Sections 147, 148, 389/388 IPC of P.S. Behror, District Alwar, Rajasthan to C.B.I. or any other independant investigating agency.

(2.) IT is alleged that Smt. Krishna daughter of the petitioner was married with one Sandeep son of Bir Singh, Sarpanch at Behror on 12.12.1994 and within six years of the marriage she expired on 14.6.1996 and there is sufficient material of continuing harassment, torture and demand of dowry on the record to prove that her death was not natural, and on this basis he lodged F.I.R. No. 170/95 dated 20.6.95 at P.S. Behror. The petitioner approached their lordships of the Supreme Court by filling an S.L.P. on 7.5.95 but the same was withdrawn, with a direction to approach the High Court. Now the petitioner has filed this writ petition alongwith number of documents.

(3.) THE main contention of the learned Counsel for the petitioner is that in the present case the death has occurred within seven years of marriage and there is sufficient material showing that the death is not natural but still without making proper inquiry/investigation, without issuing notice and without taking recourse to Section 176 IPC, submitted the Final Report which itself goes to show that the respondents have not conducted the investigation fairly with a view to help the culprits, therefore, in the interest of justice the investigation be transferred to C.B.I. In support of his contentions, learned Counsel' for the petitioner has relied upon the judgment of the Apex Court in the matter of Kashmiri Devi v. Delhi Administration, reported in : 1988CriLJ1800 and on the decision, in the matter of State of Rajasthan v. Phool Chand reported in RCC 1989, 214.