STATE OF RAJASTHAN AND ORS. Vs. SANT LAL

JUDGEMENT

(1.) In this revision petition, the petitioner has prayed for quashing order dated 4-11-2006 passed by the Addl. Chief Judl. Magistrate, Suratgarh in Criminal Complaint Case No. 102/2006. It is prayed that the said order may be declared illegal and the police may be directed to reinvestigate the matter.

(2.) As per facts of this case, a soldier namely Kamlesh, permanent resident of Nohar (District Hanumangarh) was married to Suman d/o Lekh Ram. He was posted at the relevant time in Jammu and Kashmir and had come home on leave. It is revealed from the facts of the case that there was some dispute in between Kamlesh and his wife Suman and her family members. Petitioner-Sant Lal, father of Kamlesh, is said to have tried to settle the matter. In the course of events, Kamlesh filed an application under Hindu Marriage Act for restitution of conjugal rights; and, on 26th Feb., 2006 when he had come home on leave, Kamlesh went to his in-laws house at Suratgarh for the purpose of compromise. He left Nohar on 25th Feb., 2006 but, till 6th March, 2006, he did not return to Nohar and, therefore, petitioner-Sant Lal went to his son's in-laws' house but they did not talk to him. However, on 7-3-2006, Sant Lal received a telephonic message that the dead body of his son Kamlesh was found at Virdhwal Head (drowned in the canal water), therefore, petitioner-complainant and his relatives rushed to Rajesar Police Station. The body of deceased-Kamlesh had been sent to Suratgarh Hospital where the body was lying. The complainant requested the police to investigate the matter.

(3.) It is alleged that having received the dead body of his son after the post-mortem had been conducted, Sant Lal along with his relatives went to his son's in-laws' house and told them that Kamlesh had come there and how, in what circumstances, he died. According to the complainant, he was told by the in-laws of his son that they gave him something for eating and he became unconscious and, thereafter, they drew him in the anal at Virdhwal Head. It is alleged that in-laws of Kamlesh expressed regrets at their mistake and begged to be excused.