Sheela Devi vs State of U.P.and others

Arvind Kumar Tripathi, J.

This petition has been preferred by the petitioner Smt. Sheela Devi with the following prayers:

a. Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to get the incident of First Information Report dated 23.10.2010 of the case crime No. 829/10, under sections 306/506/323/120B I.P.C.,Police Station Kerakat, District Jaunpur investigated by any independent agency or any other higher authority.

b. Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to decide the application dated 15.11.2010 moved by the petitioner with regard to the transfer of the application of the First Information Report dated 23.10.2010 bearing Case Crime No. 829/10, under sections 306/506/323/120B I.P.C., Police Station Kerakat, District Jaunpur to any independent agency or any higher authority.

c. Issue any other order or direction which this Hon''ble Court may deem fit and proper in the circumstances of the case.

The facts, in brief, of this case are that the petitioner Smt. Sheela Devi lodged an FIR on 23.10.2010 at 9.45 A.M.in respect of an incident allegedly occurred during the period from 18.10.2010 to 20.10.2010, at police Station Kerakat in Case Crime No.829 of 2010 under sections 306, 506, 323, 120B I.P.C., the FIR has been lodged against the wife of the deceased, Vijai, Ajai Gupta, Hari Lal, Constable Prabhu Nath Ram, Constable Madhu Soodan Misra and Sub Inspector Vikas Pandey, Incharge of the police outpost Gaddi. It is alleged that the deceased Yogendra Kumar alias Yogi, the son of the petitioner was taken away by the above mentioned accused persons from his house on 18.10.2010, he was taken to the police outpost Gaddi where he was beaten and mentally harassed, again on 20.10.2010 he was taken to the above mentioned police out post where he was subjected to cruelty, the money was demanded from him, a threat was extended that in case money was not given by him, he shall be falsely involved in some criminal cases and his life would be spoiled. Thereafter, the deceased could not arrange the money and on account of the mental torture he committed suicide, but prior to that he had written a suicide note, the same was recovered from the place of occurrence. In the suicide note, the specific allegations have been made against respondent Nos. 4 to 10, the recovered suicide note was sent to the Handwriting Expert, the report of the Handwriting Expert has been submitted in which it was found that the recovered suicide note was in the hand writing of the deceased. The local police was not doing the fair investigation because the police personnel of the same police station were named in the FIR, respondent no.8 constable Prabhu Nath Ram, respondent No.9 Madhu Sudan Misra and respondent No.10 Sub Inspector Vikas Pandey were posted at police outpost Gaddi of Police Station Kerakat district Jaunpur, the petitioner, who is mother of the deceased made a complaint with regard to the investigation of the above mentioned case to S.P.Jaunpur by way of moving an application dated 15.11.2010, such application was sent to Principal Secretary Home, U.P. Government, Lucknow on 15.11.2010, she moved an application in the court of learned Judicial Magistrate II, Jaunpur on 16.11.2010 alleging therein that accused persons, police officers and some other persons were pressurising her to settle the dispute by way of compromise , such application was made by Sri Vishwanath, the father of the deceased before the State Human Right Commission, Lucknow, thereafter the present petition has been filed by the petitioner with the main prayer that investigation of the above mentioned case may be done by independent agency or any other higher authority.

Heard Sri P.K.Upadhyay, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the petitioner that son of the petitioner has committed suicide only because he was mentally and physically tortured by police personnel ( respondent nos. 8. 9 and 10), he was beaten also, the demand of money was made from him, the threat was extended that in case the demanded money was not paid, the life of the deceased shall be spoiled by way of involving him in criminal cases. There was a dispute between the deceased and his wife, his wife has also played a very important role in the commission of the above mentioned offence, the deceased has left the suicide note in which the whole story was narrated and the specific allegations have been made against the accused persons including the police personnel ( respondent Nos. 8,9 and 10 ). The suicide note was sent to Forensic Science Laboratory, the report has been received by the I.O., it has been made the part of the case diary, the hand writing expert has found that the suicide note was written by the deceased. But due to involvement of the police personnel of the same police station, the local police was not doing the fair investigation, its complaint has been made to S.P.Jaunpur and Principal Secretary Home, U.P.Govt. Lucknow by the petitioner, the husband of the petition has made its complaint to the State Human Right Commission on judicial side also, an application was moved by the petitioner in the court of learned Judicial Magistrate II Jaunpur but the local police is trying to defend the police personnel ( Respondent nos. 8, 9 and 10) and some other accused also, the S.P.Jaunpur has transferred the investigation from Circle Officer Badlapur to Circle Officer Kerakat but fair investigation of the above mentioned case has not been ensured. It is a case in which two police constables and one sub inspector of the same police station are named as accused, the fair investigation of the above mentioned case is not expected from the police of district Jaunpur, the petitioner is a poor woman, she is being pressuring to withdraw the case or to get it compromised. In such circumstances, the investigation of the above mentioned case may be transferred to an independent agency.

In reply of the above contention, it is submitted by learned A.G.A.that in the present case, the investigation has been completed and the charge sheet has been submitted against Smt. Reena Gupta, the wife of the deceased , under section 306 I.P.C., the report of the hand writing expert has been received by the I.O. According to the report, it was written by the deceased, in suicide note, the allegations have been made against the police personnel also, but during investigation in support of such allegation no evidence could be collected. The deceased has committed suicide because he was frustrated with his matrimonial life, the investigation has been entrusted by the S.P.Jaunpur to the Circle Officer and there is no ground for not doing fair investigation by the local police and after doing fair investigation, the charge sheet has been forwarded by the Circle Officer Kerakat on 31.3.2011, the same has been submitted in the court concerned.

From the perusal of the record it appears that the present writ petition has been filed in the Registry of this Court on 20.12.2010 on which the order dated 22.12.2010 has been passed by which two weeks'' time was granted to learned A.G.A.for filing the counter affidavit, the next date was fixed on 17.1.2011 , at the request of learned A.G.A. this matter was fixed on 18.1.2011, the learned A.G.A.was directed to produce the case diary, the I.O. of the above mentioned case was also directed to appear in person on 25.1.2011. On 25.1.2011, Sri Netra Pal Singh, Circle Officer Kerakat, who was doing the investigation, has appeared in person along with the case diary, he filed the counter affidavit also and assured the court to do the fair investigation. On his assurance, one month''s time was granted to submit the report of the investigation and I.O.was directed to appear in person on 28.2.2011, but on 28.2.2011, the I.O. could not appear in person because proper communication could not be made by learned A.G.A. The I.O.has appeared in person on 3.3.2011, who stated that for verification, the suicide note has been sent to the handwriting expert, its report was still awaited. He was directed to appear before this Court on 4.4.2011. On 4.4.2011, the I.O. has appeared in person, the report of the Forensic Science Laboratory dated 17.3.2011 was received by the I.O., it was made the part of the case diary, it was showing that the suicide note of the deceased has been tallied with the sample, but without investigating the allegations made in the suicide note, the I.O.has completed the investigation and charge sheet has been forwarded only against Smt. Reena Gupta, the wife of the deceased, in such circumstances, it was directed that till further order of this Court, no police report shall be submitted to the court concerned, the learned A.G.A.was directed to produce the G.D. dated 18.10.2010 and 20.10.2010 of Police Station Kerakat, district Jaunpur and I.O.was directed to appear in person on 22.4.2010. On 22.4.2010, the above mentioned G.Ds. have been produced, the I.O. also appeared before this Court but his personal attendance was dispensed with.

Considering the submission made by learned counsel for the petitioner ,learned A.G.A. and from the perusal of the record it appears that in the present case, the allegations have been made against the accused persons including the police personnel of the same police station, in the present case, the deceased has committed suicide. He was having dispute with his wife Smt.Reena Devi and he has committed suicide, he has written a suicide note, the same was found at the place of incident, for tallying the hand writing of the deceased, it was sent to the hand writing expert along with sample writing of the deceased, according to the report of hand writing expert, the suicide note was written by the deceased. In suicide note, the specific allegations have been made against the police personnel also, he was brought to the Police outpost on 18.10.2010 and 20.10.2010 where he was tortured but this reference has not been found in the G.D. of 18.10.2010 and 20.10.2010. The investigation has not been made by the I.O. on the basis of the suicide note but during the pendency of the writ petition the I.O. completed the investigation in which the charge sheet has been proposed only against Smt. Reena Devi, wife of the deceased, but this court has directed not to submit any police report before the court concerned till further order of this court, at this stage it is not proper to discuss all the facts and the allegations but the circumstances are of such nature in which for ensuring the fair investigation, the investigation of the above mentioned case is required to be done by the investigating agency other than the local police because the allegations have been made against three police personnel of the same police station where the alleged occurrence has taken place. Therefore, we direct that the investigation of case crime no. 829 of 2010 under sections 306, 506, 323 and 120B I.P.C., P.S. Kerakat District Jaunpur shall be done by the C.B.C.I.D. The S.P. Jaunpur is directed to ensure that the investigation of this case be transferred to C.B.C.I.D., all the documents shall be handed over to C.B.C.I.D. forthwith, who shall submit the police report after completing the investigation before the court concerned.

Accordingly the writ petition is finally disposed of.