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2019 DIGILAW 608 (RAJ)

Ijaj Khan v. State of Rajasthan, Through P. P.

2019-02-20

KANWALJIT SINGH AHLUWALIA

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JUDGMENT 1. Petitioner Ijaj Khan is present in person. The present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to conduct fair and impartial investigation in case arising out of FIR No. 441/2018 registered at Police Station Khairthal, Alwar for the offences under Sections 498A and 304B IPC. 2. Petitioner, who is present in person has stated that on 17.4.2018 his daughter Manisha was abducted and he had lodged the FIR No. 143/2018 at Police Station Udhyog Nagar, Alwar for the offence under Section 363 IPC against one Saroop son of Mehmooda and others. Thereafter, on 23.4.2018, Nikah of daughter of petitioner was performed with Saroop and at the time of Nikah, dowry was given to the satisfaction of the accused. It is contended that later accused demanded dowry and thereafter accused tortured, maltreated and harassed his daughter on account of demand of dowry, as a result of which, she died an unnatural death by consuming poison. 3. Petitioner present in person has stated that the investigation is pending and no report of investigation has been filed till today. The petitioner has further submitted that the investigating officer is not proceeding with the investigation. 4. After hearing the petitioner who is present in person and going through the contents of FIR, the present petition is disposed of by issuing a direction to the Superintendent of Police, Alwar to assign investigation of FIR No. 441/2018 registered at Police Station Khairthal, Alwar for the offences under Sections 498A and 304B IPC to a gazetted woman police officer. 5. It is further ordered that in case gazetted woman police officer is not available, then the investigation shall be assigned to the officer not below the rank of Additional Superintendent of Police. 6. A further direction is issued to the investigating officer to whom investigation shall be assigned, to conclude the investigation within a period of two months from the date of receipt of certified copy of this order. 7. A further direction is issued to the investigating officer to whom investigation shall be assigned to submit report of investigation alongwith her opinion in the court of competent jurisdiction within the period stipulated above. 8. Petitioner who is present in person undertakes to serve a copy of this order upon the respondent No. 2 - Superintendent of Police, Alwar.