MOHAMMAD RAFIQ,J. - (1.) This petition under Section 482 Cr.P.C. has been filed by the complainant-petitioner Krishan Gopal, author of FIR No. 651/2016 registered at Police Station Vaishali Nagar, Jaipur City(West) for offences under sections 195, 196, 465, 477A, 471 and 120B IPC with the prayer that investigation thereof be entrusted to Central Bureau of Investigation(for short 'CBI') and additionally praying for direction to the respondents to provide safety and security to the petitioner and his family and competent authority be directed to take appropriate legal and disciplinary action against the erring police officials and held judicial enquiry against them for their unlawful and unbecoming conduct.
(2.) Facts as emerging from the memorandum of the petition are that marriage of elder son of the petitioner; namely Sunil Saradhna was solemnized with Bhoomika, daughter of Devi Dutt Gurjar at Bikaner on 19.11.2008. The petitioner received an information on 21.07.2015 that some untoward has happened with his daughter-in-law Bhoomika. He along with his wife immediately started from Bikaner to Jaipur and reached Jaipur at 7.30 P.M. on that very day. When they reached at Jaipur, they learnt that their daughter-in-law Bhoomika has committed suicide. Devi Dutt Gurjar, father of Bhoomika on 22.07.2015 lodged a false criminal case against the petitioner, his wife and son upon which FIR No. 697/2015 was registered at Police Station Vaishali Nagar, Jaipur for offences under Sections 304B and 498A I.P.C. on the basis of alleged suicide note left by Bhoomika on her mobile phone. The investigation agency without any investigation of the call details and the verification of the persons to whom Bhoomika was in communication and without any retrieval of data of chatting, messages on various mobile applications as well as chat history on mail, facebook account and from bank statements and more importantly without verifying the creation of suicide message is conducting one sided defective investigation on the behest and under influence of complainant party. Wife of the petitioner made a representation to DCP(West), Jaipur and when nothing happened, she filed petition under Section 482 Cr.P.C. bearing No. 4360/2015 before this Court. This Court vide order dated 03.09.2015 directed the investigating officer to consider representations, documents and the evidence already made available to him and also to undertake investigation of the case in the light of the prayer made in the petition then only to decide to file report under Section 173 Cr.P.C.
(3.) In compliance of order dated 03.09.2015 passed by this Court, wife of the petitioner gave a detailed representation enclosing therewith copy of the petition, order dated 03.09.2015, earlier representations, documentary evidence to the Commissioner of Police, Jaipur in person on 14.09.2015 with a copy thereof to investigating officer. Investigating officer in complete violation of order passed by this Court and without conducting investigation on the points specifically raised by wife of the petitioner in the representations, filed an application before Additional Civil Judge and Metropolitan Magistrate No.14, Jaipur Metropolitan(for short 'the Magistrate') on 22.09.2015 to obtain arrest warrant against her. When she learnt about the fact that the aforesaid application has been filed concealing order passed by this Court dated 03.09.2015, she herself approached the Magistrate by filing application under Section 70(2) Cr.P.C. on 07.10.2015 praying for cancellation of arrest warrant. Learned Magistrate on that application vide order dated 08.10.2015 summoned the progress report. Investigating officer produced the progress report on 15.10.2015 stating that in view of order of this Court dated 03.09.2015, letter dated 29.09.2015 was written to DCP, Jaipur(West) to take the assistance of technical institution, FSL, ATS for the checking of phone of deceased in relation to the messages, what's App messages, e-mail, facebook messages deleted prior to her death. It was further stated that in relation to the call details of deceased, various mobile numbers be investigated by sending separate officers. Learned counsel for the petitioner submitted that this conduct of the investigating officer clearly shows that nothing substantial was done in compliance of order of this Court dated 03.09.2015 and the investigating agency was acting in a bias and hurriedly manner by moving an application for procuring arrest warrant of wife of the petitioner. Looking to the conduct of the investigating officer, the learned Magistrate vide order dated 15.10.2015 declined to extend the arrest warrant issued under Section 37 of the Police Act.;