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Judgment
U.C. Maheshwari, J.—Heard on the question of admission.
The petitioner, father of deceased Asha Patel, has filed this petition under Article 226 of the Constitution of India for issuing appropriate writ for the following reliefs:-
(a) This Hon''ble court may kindly be pleased to issue an appropriate writ commanding to the respondents to enquiry about the matter and to register offences against the culprits i.e. private respondent No. 5 to 9 who have caused death of the daughter of petitioner named Asha Patel by making cruelty for demand of dowry and consuming her poisonous thing.
(b) Any other relief which may deem fit and proper in the facts and circumstances of the case may be allowed in favour of the petitioners.
Petitioner''s counsel after taking me through the averments of the petition argued that deceased Asha Patel was married with respondent No. 5 Daduram Patel near about before 4 years from the date of her unnatural death in the matrimonial family. Subsequent to marriage she was subjected to harassment and cruelty on account of demand of dowry by respondent No. 5 along with respondent No. 6 to 9 the members of his family and consequently she died with unnatural death, on which, the matter was reported to the police Sihora. Initially the marg was registered and thereafter crime No. 433/11 was registered but during the course of investigation, the matter was not investigated keeping in view the provision of presumption enumerated u/s 113A and 113B of the IPC and on completion of the investigation, the charge sheet was filed only against respondent No. 5 while there were sufficient circumstances to show the ingredients of the alleged offence against respondent No. 6 to 9 also. In continuation he said that inspite filing the representation Annex. P/2, subsequent to filing the charge sheet against respondent No. 5, the same has not been considered by respondent No. 3 Superintendent of Police and, in such premises, respondent No. 6 to 9 have been exonerated from the alleged offence and prayed for appropriate direction to the authorities of respondent No. 1 to 4 to investigate the matter properly and implicate the aforesaid remaining respondents in the crime. With this submission, he prayed for admitting and allowing this petition.
On the other hand, learned Panel Lawyer by referring the averments of the return argued that on the basis of the marg, the crime was registered and after holding the investigation in accordance with the procedure, respondent No. 5 has been charge sheeted for the offence of section 498A and 306 of the IPC while respondent No. 6 to 9 have been exonerated because no prima facie ingredients of the alleged offence were established against any of them and, in such premises prayed for dismissal of this petition.
Having heard the counsel at length, I have gone through the papers placed along with the petition as well as the return and the copy of police report filed u/s 173 of the Cr. P.C. according to which only respondent No. 5 has been charge sheeted for the above mentioned offence. In the available circumstances, instead to admit or issue any notice to the respondent No. 5 to 9, at this stage, this petition is disposed of with a direction the respondent No. 3 to consider and decide aforesaid representation Annex. P/2 of the petitioner with speaking order within thirty days from the date of filing the certified copy of this order along with the petition and annexures by the petitioner in its office. It is further directed that on such consideration if some worth is found in the representation then respondent No. 3 shall be at liberty to pass appropriate direction to carry out the supplementary investigation u/s 173(8) of the Cr. P.C. and if necessary then he may take appropriate steps to obtain permission from the concerning court in this regard and shall proceed further. Apart this, subject to any order on the aforesaid representation, on arising the occasion, the petitioner shall be at liberty to file the appropriate application to implicate the proposed private respondents as accused in the charge sheet which has been filed against respondent No. 5 and the concerning court shall consider such application in accordance with the procedure prescribed under the law after extending opportunity of hearing to the aforesaid concerning private respondents.
Apart the aforesaid, the petitioner shall also be at liberty to file the appropriate private complaint before the appropriate forum against the private respondents and on filing such complaint the concerning court shall consider the same in accordance with the procedure prescribed under the law. Petition is disposed of as indicated above.