RAVI vs STATE OF UTTARAKHAND AND OTHERS

1. This petition has been filed by the petitioner seeking the following relief:

“i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to transfer the investigation of the FIR/Case Crime

No.36 of 2018, under Section 302 & 376-D of IPC, Police Station SIDCUL, District Haridwar to CBCID or any other independent agency.â€​

Brief facts of the case are that the petitioner got married with Ms. Arti as per Hindu rites and rituals. After the marriage, Ms. Arti lived in the

native village of the petitioner for a short period and, thereafter, she started residing with the petitioner at Roshnabad, Haridwar. Petitioner was living

in a tenanted accommodation and the landlord of the petitioner was Mr. Ishrar Ali (respondent no.4). According to the petitioner, Ishrar Ali and one

Umesh Kumar (respondent no.5) were having bad eyes towards the wife of the petitioner. It is alleged that, on 14.11.2017, when petitioner reached to

his tenanted house, he found the body of his wife hanging through a scarf (dupatta), her clothes were scattered and her body was half naked. In the

F.I.R., it is stated that Israr Ali and Umesh Kumar, after committing rape upon Ms. Arti, did murder of her and hanged her in the house. When Israr

Ali asked the petitioner to take down the body of Arti, petitioner refused for the same and asked him to call the police. It is stated that, in the

meantime, Ishrar Ali arranged a vehicle no. UK 08 A 1789 and kept the dead body of Arti in the said vehicle and departed with the same. Thereafter,

petitioner dialed 100 number of police, police came their and petitioner made various efforts to lodge the FIR in the matter against Ishrar Ali and

Umesh, but the police of SIDCUL did not register the FIR. Thereafter, petitioner moved an application under Section 156 (3) of Cr.P.C., before the

Civil Judge (S.D.) Haridwar/J.M. Haridwar. The learned Magistrate allowed the application of the petitioner under Section 156 (3) and, on the basis

of said order, FIR of the petitioner was lodged on 01.2.2018 at P.S. SIDCUL, Haridwar, lodged as FIR/Case Crime No.36 of 2018, under Section 302

& 376D of IPC against Israr Ali and Umesh Kumar.Â

Learned counsel for the petitioner submitted that the police of P.S. SIDCUL is not investigating the matter in a proper manner and, in fact, is trying

to twist the evidences to save the accused persons who have committed heinous crime of rape and murder of the wife of the petitioner. He further

submitted that the investigation of the case is liable to be conducted by CBCID or any other independent agency. Â

Learned A.G.A. submitted that the investigation is being conducted fairly and there is no need to issue direction to CBCID to investigate the

matter. He submitted that the case in hand is not having any interstate or international ramification, which may require CBCID to probe the

matter. Â

I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. Â

It is a settled law that, in such cases, High Court’s power under Article 226 of the Constitution of India must be exercised sparingly, cautiously

and in exceptional situations where it becomes extremely necessary, of course, after considering the entire material on record and after reaching to

the the conclusion that investigation/ further investigation should be done by the C.B.I. In the cases, like the present case, High Court has to see

that whether investigation is being done in accordance with law, unbiased and just.  Â

From the perusal of the papers annexed with the writ petition, it is evident that the investigation of the instant case is being conducted by the

concerned police in proper and fair manner. It is not a fit case, where the High Court should interfere in this criminal writ petition moved under

Article 226 of the Constitution of India to transfer the investigation of the FIR/Case Crime No.36 of 2018, under Section 302Â & 376-D of IPC,

Police Station SIDCUL, District Haridwar to CBCID or any other independent agency.Â

Consequently, the writ petition is dismissed. Â

There will be no order as to costs.