Delhi High Court - Orders
Jyoti Devi vs Union Of India And Ors on 8 January, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1454/2020 and CRL.M.A. 230/2021
JYOTI DEVI ..... Petitioner
Through Mr. N K Aggarwal, Advocate
versus
UNION OF INDIA AND ORS ..... Respondent
Through Mr.Amit Mahajan, CGSC and
Mr.Gitesh Chopra, Advocate for
UOI/R1
Mr. Sanjay Lao, ASC for State.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 08.01.2021
1. The hearing has been conducted through Video Conferencing.
2. This petition is filed for transfer of investigation from the present Investigating Officer to the CBI. The status report has since been filed in the present matter. The case pertains to the death of son of the petitioner. As per the investigation conducted till date, it appears that he committed suicide and as apparent from the status report, he had liking for one girl.
3. The post-mortem report also supports the hanging and after completing the inquiry no foul play was found there qua the death of the deceased.
4. However, the learned counsel for the petitioner refers to various discrepancies in the inquiry conducted by the present Investigating Officer; such discrepancies are enumerated in para 5(i) to (xviii) of the petition.
5. It is further submitted the laptop and mobile phone of the deceased was never seized which always was in the possession of the petitioner.
6. There has to be a fair investigation, hence, in view of the facts, it would be appropriate by looking at the grievance of the petitioner the Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:08.01.2021 17:13 Investigating Officer of the rank of Inspector be appointed in the present matter and while conducting inquiry he shall also consider the effect of alleged discrepancies as stated above, being part of para 5(i) to (xviii) of the petition. The laptop and mobile phone be also seized and be sent to the CFSL as to find out if there is any material which may indicate the foul play. The said mobile phone and laptop shall be handed over positively by tomorrow to the SHO concerned.
7. In view of the above, the petition stands dismissed. Pending application if any, also stands disposed of. The earlier date fixed also stands cancelled.
YOGESH KHANNA, J.
JANUARY 08, 2021 Neha Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:08.01.2021 17:13