Delhi High Court High Court

Shri Harish Chand Gautam vs State (N.C.T.) Of Delhi on 5 July, 2006

Delhi High Court
Shri Harish Chand Gautam vs State (N.C.T.) Of Delhi on 5 July, 2006
Equivalent citations: 130 (2006) DLT 733
Author: S Aggarwal
Bench: S Aggarwal


JUDGMENT

S.N. Aggarwal, J.

1. This writ petition has been filed for transfer of investigation of case vide FIR No. 477/2005 registered at Police Station Mansarovar Park, North-East, Delhi to the CBI.

2. Notice of this petition was served on the respondent and in response thereto the status report has been filed and the same has been perused by me.

3. For appreciating the dispute raised by the petitioner in the present writ petition, it would be necessary to refer to the relevant facts and the same are given here-in-below:

4. The petitioner was married about 14 years ago. He has three children, two daughters and one son. His only son was found missing from the house on 18.10.2005 after return from the School at 3 PM. The missing report was lodged by the petitioner at 1:00 AM during the night intervening 18-19.10.2005 with Police Station Mansoravar Park. On the basis of said missing report, FIR No. 477/2005 under Section 363 IPC was registered at Police Station Mansarovar Park at 7:15 PM on 19.10.2005. The Police of Police Station Loni found dead body of a 8 years old child lying in the field of Arhar at Rajpur Village under the jurisdiction of Police Station Loni. As the dead body found was of an unidentified person, notice was got published by Police of Police Station Loni on 21.10.2005 in newspaper ‘Amar Ujala’ and ‘Dainik Jagran’ for identification of the dead body. Mr. Vinod, who is the maternal uncle of the deceased and brother-in-law of the petitioner read the said news item and on reading the news item regarding identification of the dead body, he contacted his brother Satish and they accompanied with other relatives went to Police Station Loni on the same day i.e. 21.10.2005 and identified the dead body as that of the petitioner’s son. After post-mortem the dead body was handed over to the petitioner on 21.10.2005.

5. Later on, after about a month i.e. on 15.11.2005, the petitioner lodged a complaint with the Police of Police Station Mansarovar Park that he suspected a foul play in the murder of his only son upon his mother-in-law and three brothers-in-laws namely Vinod, Satish and Sachin. Sachin at that time was 12 years old. The basis of petitioner’s alleged suspicion on his in laws was on account of the fact that they had demanded a loan of Rs. 30,000/- from the petitioner for business purposes which petitioner refused to oblige them.

6. On these facts, the petitioner has filed the present writ petition alleging that Police of Police Station Mansarovar Park is not investigating the case properly and he wants the investigation of the case to be handed over to the CBI and action be taken against his in laws who are suspected to be murderer of his son.

7. The counsel for the petitioner has not denied that the marriage of the petitioner is 14 years old. He has also not denied that the wife of the petitioner is residing with the petitioner harmoniously and there is no quarrel between them. The learned Counsel has also not denied that the petitioner never had any quarrel with any member of his in laws’ family except that he refused to oblige them with loan of Rs. 30,000/- demanded by them prior to alleged murder of his son.

8. In the status report filed on behalf of the respondent, it is stated that the Police of Police Station Mansarovar Park has investigated the matter thoroughly but hardly found anything incriminating against mother-in-law or brothers-in-laws of the petitioner to involve them in a murder case.

9. I am satisfied with the status report and in the facts and circumstances of the case, the investigation can not be transferred to the CBI as prayed for by the petitioner.

10. This writ petition is without any merits and the same is therefore dismissed.