Mohd.Arfeen v. State Of NCT Of Delhi & ORS.
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3335/2017 & Crl.M.A. 19628/2017 (stay) MOHD.ARFEEN ..... Petitioner Represented by:
Ms. Shikha Kapoor, Mr.
Janender Mahajan, Advs.
versus STATE OF NCT OF DELHI & ORS.
..... Respondent Represented by:
Ms. Kamna Vohra, ASC with Insp. Sanjeev Sharma, ASI Virender PS Jafrabad.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 31.01.2018 By this petition the petitioner seeks transfer of investigation in case FIR No.246/2017 under Sections 307/498A/406/34 IPC registered at PS Jafrabad, Delhi.
According to the petitioner his daughter was subjected to mental and physical cruelty by her in-laws including her husband, father-in-law and in a concerted effort they all tried to kill her by burning her by pouring kerosene oil mixed with acid. It is alleged that the entire jewellery articles of the daughter of the petitioner were kept by her mother-in-law who refused to give her even to wear at the time of functions. It is the case of the petitioner that on 13th September, 2012 his daughter informed the Police by dialling
100 number that her in-laws with her husband attempted to kill her by pouring kerosene oil mixed with acid. Police took her to Dr. Devashish Mukherjee of Jag Pravesh Chandra Hospital, Shastri Park who wrote on the MLC smell of kerosene oil but could not note that the victim was complaining of burning on her skin and continuous headache. Despite burn injuries and continuous headache, the daughter was not admitted in the hospital and after delay of 3 days she was examined in emergency ward and sent back. Later 3-4% superficial burns were noted. Finally on the complaint of the petitioner the above-noted FIR was registered, however the investigation thereon is lackadaisical and perfunct. On a notice being issued a status report has been filed.
As per the status report after registration of FIR accused persons Afghan Arshi @ Bablu S/o Ateeq Ahmed Siddiqui, the husband of the petitioner was arrested, however mother-in-law, father-in-law, brother-in-laws and sisterin-laws parental-uncle-in-laws were granted anticipatory bail by the Court. One brother-in-law Shahid Jamal surrendered before the Court and was arrested with the permission of the Court. On an application of the petitioner, the Court directed further investigation. During the course of investigation treatment papers and other relevant documents of Mahajbeen were collected and as per the opinion of the Doctor injury was simple in nature. List of dowry articles was also received and verified.
Electronic reservation slip of railway reservation of accused Jishanllahi was also taken into possession, however the record being more than been six months old were destroyed.
National University, Jaipur. Notice was given to the petitioner to provide the burnt clothes of his daughter but he could not provide. The grievances of the petitioner is that despite charge-sheet and two supplementary charge-sheets having been filed, the same are silent on the head injuries. Statement of all accused having not been recorded and immediately after the incident SDM having not been informed and no forensic evidence collected at the spot.
As noted above on 13th September, 2012 though the Police took the daughter of the petitioner no complaint was given and a detailed complaint was lodged only on 17th September, 2012. Statement of accused who have been arrested have been taken as per the provisions of law. No FIR having been registered on the day of incident, the scene of crime could not have been got inspected. The learned Trial Court has been regularly monitoring the investigation on applications filed by the petitioner, thus this Court finds no ground to interfere in the same and transfer the investigation to CBI. Petition and application are dismissed.
MUKTA GUPTA, J.
JANUARY 31, 2018 'ga'