Delhi District Court
Bhagwan Singh vs . The State & Others on 28 January, 2021
IN THE COURT OF MS. NEENA BANSAL KRISHNA
PRINCIPAL DISTRICT & SESSIONS JUDGE
SOUTH-EAST DISTRCT: SAKET COURTS: NEW DELHI
CR NO.: 87/2020
BHAGWAN SINGH vs. THE STATE & OTHERS
Sh. Bhagwan Singh
S/o Late Sh. Vedariya Ram
R/o: 38-A/50T/56, Tyagi Nagar,
Sweala Jat, Agra, Uttar Pradesh ..... Revisionist/Complainant
Versus
1. The State
Govt. of NCT of Delhi, Delhi
2. Ms. Pragya W/o Late Sh. Bhagat Singh
D/o Sh. Sant Kumar
R/o: Village - Sahara Sarai Midhakur,
PS Malpura, Agra, Uttar Pradesh
3. Unknown Associates of Smt. Pragya
(Name to be disclosed by her) ..... Respondents
First date before this Court: 25.02.2020
Date of Decision: 28.01.2021
ORDER
1. The Revision Petition under Section 397 Cr. P. C. has been filed against the Order dated 24.11.2017 vide which the application under CR NO.: 87/2020 page No. 1 of 6 BHAGWAN SINGH VS. THE STATE & OTHERS Section 156 (3) Cr. P. C. filed by the Revisionist/Complainant for registration of the FIR against the Respondent No. 2 Ms. Pragya and unknown persons under Section 302/120-B IPC, has been dismissed.
2. The facts in brief are that the Respondent No. 2 Ms. Pragya had got married to deceased Sh. Bhagat Singh, who was posted as Sub Inspector in CISF at Metro Station, Kalkaji, New Delhi. On 05.01.2017 Sh. Bhagat Singh was on shift duty from 02.00 pm to 10.00 pm. He left the house happily after taking his food, and according to the staff and the colleagues, he had taken tea at about 03.30 pm. At about 06.00 pm, Sh. Kuldeep, brother of the victim was informed that his brother was not well. On receiving this information, the Revisionist/Complainant Sh. Bhagwan Singh and Sh. Kuldeep reached the hospital where they were informed that Sh. Bhagat Singh has died due to bullet injury at about 04.00 pm. He was informed that at about 04.10 pm deceased had entered the CCTV Room and told the Operator Ct. Amit Kumar Shukla to perform duty at the Station while he would monitor the CCTV Footage. The victim closed the door of the CCTV Room and after a few minutes one fire shot sound was heard by the CISF Officials. They all rushed to the room and forced open the door, which was locked from inside. On going inside, they found that SI Bhagat Singh was lying on the floor in a pool of blood. The CCTV Footage was preserved, while the statement of Ct. Amit Kumar Shukla was recorded. Identify Card, CR NO.: 87/2020 page No. 2 of 6 BHAGWAN SINGH VS. THE STATE & OTHERS Mobile Phone, Wrist Watch and Purse of the victim were found in a bag at the spot and the same were deposited in the Malkhana.
3. The complaint under Section 156 (3) Cr. P. C. dated 10.07.2017 was filed by the Revisionist alleging that no articles of the deceased were found at the spot. Ms. Pragya, Respondent No. 2, wife of the deceased Sh. Bhagat Singh had come to live with him about one month prior to the incident. There were discontentment between husband and wife as she often left on the pretext of going to her parental home and whenever objection was taken, she extended threats in the name of her father saying that he had high connections and can do anything against the family. The Respondent No. 2 even concealed the mobile phone prior to the incident and on enquiry told that the same to be missing. After few days of death of Sh. Bhagat Singh, Respondent No. 2 Ms. Pragya and her father Sh. Sant Kumar took away the Swift Car bearing Registration No. UP-80-DP-9580 and other goods given at the time of her marriage while the Revisionist and his family members were under shock. The Respondent No. 2 Ms. Pragya had no grief and even did not participate in the last rites of her husband. So much so Respondent No. 2, after the demise of her husband, immediately rushed to the Department for availing the benefits available to the nominee of the deceased such as service and other benefits
4. The Revisionist/Complainant had suspicion against the Respondent CR NO.: 87/2020 page No. 3 of 6 BHAGWAN SINGH VS. THE STATE & OTHERS No. 2 Ms. Pragya since her name had been entered in the service records only one month prior to the incident. A written complaint has been given by Sh. Banwari, son of the Revisionist/Complainant on 06.01.2017, but no action has been taken by the police. Therefore, the application under Section 156(3) Cr. P. C. has been filed for registration of the FIR against the respondents.
5. Ld. Metropolitan Magistrate called for the Action Taken Report (ATR) from the police. Thereafter, vide the impugned order dated 24.11.2017 it was observed that Sh. Banwar Lal had not made any allegations against the Respondent No. 2 Ms. Pragya at any point of time prior to the complaint dated 06.01.2017. The Postmortem Report also ruled out any foul-play in the death of the victim. Apparently from the enquiry, it was also found that there was no evidence of murder and criminal conspiracy found in the death of the deceased. No role could be attributed to the Respondent No. 2 Ms. Pragya. Moreover, no allegations had been made against the Respondent No. 2 Ms. Pragya even during the enquiry before making the complaint. The application under Section 156 (3) Cr. P. C. was therefore dismissed.
6. Aggrieved by the said order, a Writ Petition had been filed before the Hon'ble High Court of Delhi. However, vide order dated 06.01.2020 the Writ Petition was disposed of with the liberty to the Revisionist/ Complainant to approach the Trial Court. The present Revision CR NO.: 87/2020 page No. 4 of 6 BHAGWAN SINGH VS. THE STATE & OTHERS Petition has then been filed.
7. Ld. Counsel for the Revisionist/Complainant has submitted that it is the case of unnatural death of Sh. Bhagat Singh, requiring the detailed investigation viz. examination of the CCTV Footage, determination of time of alleged incident, breaking open the locks and FSL result which is still pending. The statement of Doctor have been fabricated and money has been transferred to one Ms. Renu. It is thus argued that proper investigations are required to be conducted by the police. Hence, the application under Section 156 (3) Cr. P. C. has been wrongly dismissed.
8. Ld. Counsel for the Respondent No. 2 Ms. Pragya has argued that there was no allegation of foul-play ever made by the Revisionist/ Complainant. It is a case where deceased had committed suicide and there is no conspiracy or element of murder involved. Ld. Metropolitan Magistrate has rightly dismissed the application under Section 156 (3) Cr. P. C.
9. I have heard the arguments and perused the record, as well as, the Trial Court Record and the evidence led therein. My observations are as under:
10.It is an unfortunate case where a young man Sh. Bhagat Singh apparently committed suicide by shooting himself while on duty. The Revisionist/Complainant in his complaint under Section 156 (3) Cr.P C. CR NO.: 87/2020 page No. 5 of 6 BHAGWAN SINGH VS. THE STATE & OTHERS has merely expressed his suspicion only because name of wife of the deceased was entered in the government records as a nominee barely a month before the alleged incident. Ld. Metropolitan Magistrate has rightly observed that in the circumstances as detailed in the complaint immediately registration of the FIR is deferred till after recording of the evidence of the Revisionist/Complainant under Section 200 Cr. P. C. Merely because registration of the FIR has been deferred, does not imply that the Revisionist/Complainant has been disbelieved and the registration of FIR has been denied to the Revisionist/Complainant. The Court has only decided to proceed with the recording of the evidence under Section 200 Cr.P.C. and in case any police assistance would be required, the same can still be provided under Section 202 Cr. P. C. Hence, there is no merit in the Revision Petition and the same is hereby dismissed.
11.Trial Court Record be sent back along with a copy of this order.
12.Revision File be consigned to Record Room.
Digitally signed by NEENA NEENA BANSAL
BANSAL KRISHNA
Date: 2021.01.28
KRISHNA 14:15:58 +0530
Announced in the open Court (NEENA BANSAL KRISHNA)
today i.e. 28.01.2021 Principal District & Sessions Judge
South-East District, Saket Courts,
New Delhi
CR NO.: 87/2020 page No. 6 of 6
BHAGWAN SINGH VS. THE STATE & OTHERS