Ronakbhai Navneetbhai Dhamecha vs State Of Gujarat on 1 September, 2021

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Gujarat High Court

Ronakbhai Navneetbhai Dhamecha vs State Of Gujarat on 1 September, 2021

Bench: Gita Gopi

      R/SCR.A/7811/2021                              ORDER DATED: 01/09/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 7811 of 2021

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                     RONAKBHAI NAVNEETBHAI DHAMECHA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. NISARG D SHAH(7299) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MITESH AMIN, PUBLIC PROSECUTOR (2) for the Respondent(s) No.
1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 01/09/2021
                               ORAL ORDER

1. By way of this petition, the petitioner has prayed to direct that investigation into the complaint being FIR No.11216025210146 registered with Santej Police Station, Gandhinagar be conducted by an independent investigating agency of the State, i.e. CID (Crime) or by any other higher investigating authority.

2. It is the case of the petitioner that the marriage of her sister with accused No.1 took place on 10.10.2008 and since then, she was tortured and / or physically abused by the accused on trivial issues on regular basis. The accused No.1 doubted the character of the deceased on flimsy grounds, which compelled the deceased to leave her job as an Associate Professor in a Government Medical College. The accused No.1 had also threatened the deceased that he would create a forged Certificate regarding female infanticide of their child and to circulate the same in social media in order to tarnish her image. The family of the deceased was also pressurized by accused No.1 to give dowry for purchasing a residential property.

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R/SCR.A/7811/2021 ORDER DATED: 01/09/2021

3. Learned advocate Mr. Nisarg Shah for the petitioner submits that the petitioner herein is the brother of the deceased and he suspects that her sister was done to death by her husband and in-laws. According to the petitioner, though multiple representations / correspondences were made by him seeking fair and impartial investigation and invocation of appropriation provision of the Indian Penal Code against the accused and for their arrest, the local police failed to perform their duty. It is further submitted that the father of accused No.1 passed away on 18.06.2021after the registration of the impugned complaint but, and at the funeral, the accused No.1 was present though he was not granted any protection by any Court of law. At that time, the petitioner had called the police by dialing 100. The police arrived at the place but, as per his instructions, the accused No.1 was released by the police at the next public junction. According to the petitioner, the accused No.1 is absconding and his application seeking anticipatory bail before this Court is pending. He took the Court through the post-mortem report of the deceased to bring home the point that the deceased died a homicidal death.

4. Heard learned advocate for the petitioner and perused the material on record. The post-mortem report has been produced on record vide Annexure-C. As per the said report, the cause of death is "cardio- respiratory arrest due to asphyxia due to hanging". As stated by the learned advocate for the petitioner, the accused No.1 has preferred application seeking anticipatory bail, which is reported to be pending. Prima facie, this Court does not find any reason to transfer the investigation to any other agency. Hence, the petition is rejected.

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