BHOTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is stated that marriage between the daughter of the petitioner and one Faqir Chand took place on 17.6.1995 and after marriage said Faqir Chand started demanding dowry. Admittedly the daughter of the petitioner Babita died on 26.4.1999. According to the petitioner she was administered poison by her husband and in-laws and other relatives. It is also alleged that the deceased Babita made a statement to the Ganga Bishan son of Bhagat Ram when she was being taken to the Hospital that poison was administered to her. After the death of Babita the petitioner gave a complaint to the SHO and also to the SP, But inspite of the same the police has not registered the case. That necessitated the petitioner to approach this Court with a prayer to direct the police to register a case against the husband and in-laws and other relatives of Babita. Learned Counsel for the State has stated that the report of the Chemical Examiner has not been received hence the case was not registered. This is not the correct way of putting the case. As soon as the information was received in regard to the death of a person even under suspicious circumstances the case ought to have been registered by the police under Section 174, Cr.P.C. There is a total failure on the part of the police to follow the procedure as prescribed under the Code. Whether any poison was administered or not is a matter of investigation. It will be looked into only during the investigation of the case. I, therefore, direct the SSP, Kurukshetra to register a case on the complaint given to him by the petitioner on 22.5.1999 and direct the investigation in the case forthwith.

(2.) This petition is accordingly disposed of.