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| HC refuses to quash FIR against Inspector for death of wife | | | Early Times Report
Jammu, Mar 6: In a much publicized case of death of a Police officer's wife, Inspector Vivek Basan filed a petition under Section 561-A Cr.P.C. for quashing the FIR No.0085/2018 dated 18.05.2018 registered with Police Station, Pacca Danga, Jammu against the petitioner for commission of offences under Sections 498-A, 304-B RPC and 30 Arms Act and also quashing the proceedings/ investigation being conducted against the petitioner.
Justice Sanjay Kumar Gupta after hearing Adv Paras Gupta for the application whereas AP Singh for the private respondent, dismissed the petition with observations that it is evident that court while passing the above order has given detailed reasons and held that prima facie case is made out against the petitioner/accused and there appears to be a definite attempt to shield the said accused by fellow police officers which is amply reflected in the manner in which investigation has been conducted. It is admitted fact that Neha Kumari -deceased had died due to a gun shot from the service weapon of her husband Vivek Bassan- the petitioner; during the course of investigation, it has come that when the matter was taken with the Commandant IRP 7th Batallion for presence of petitioner, he proceeded on casual leave and did not report back on time and was marked as absent. There is also evidence in the shape of postmortem report about non tattooing or blackening on the left side of the head i.e. the entry point of the bullet, from which it could only be inferred that the shot was not fired from close range and which may falsify the commission of suicide by shooting herself by fire arm by the deceased. All these suspicious facts are required to be investigated by police. All the pleas taken in this petition are pertaining to facts, which this court cannot consider in this petition. Now whether on the basis of allegations leveled in FIR and evidence collected so far during investigation, offence under section 304-B/498-A RPC is made out or not is not the domain of this court while exercising power under section 561-A Cr.P.C. It is not the case of petitioner that, there is some legal bar engrafted in any law for lodging of FIR and conducting investigation. Further investigation is at thresholds and is pertaining to serious offence of unnatural death of deceased within seven years of marriage, as defined under section 304-B RPC; if investigation or FIR is quashed at this stage, it would amount to killing of unborn child in womb. |
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