Pooja Abhishek Goyal vs State Of Gujarat & Ors

2. The petitioner’s case is that she is the wife of respondent No.2 and respondent Nos.3 to 6 are the family members of respondent No.2 i.e. father- in-law, mother-in-law and sister-in-law of the petitioner-original complainant. The marriage between the petitioner and the respondent No.2 was solemnized at Ahmedabad on 22.11.2007 and soon after their marriage, the petitioner and respondent No.2 stayed together at the house of in-laws of the petitioner and thereafter they went for honeymoon to Bali. On their return, there was a dispute between the petitioner and the respondent No.2 and the petitioner straightaway went to her parental home. Thereafter, the petitioner had lodged one FIR before the Satellite Police Station against respondent Nos.2 to 6 for offences punishable under Sections 498-A, 406, 34 and 114 of IPC and Sections 3 and 4 of Dowry Prohibition Act, which was registered as C.R. No.I-274/2008. After completion of the investigation, respondent Nos.2 to 6 were chargesheeted for the above mentioned offences. At the time, when the learned CJM was to frame the charge against respondent Nos.2 to 6, the petitioner submitted an application (Exh.8) before the learned CJM for an appropriate order directing the Investigating Officer of Satellite Police Station to further investigate the case with respect to her ‘stridhan’ properties and the palmtop communicator, stating that though in the complaint there was a specific case that ‘stridhan’ is with respondent No.2 and his family members, no efforts were made by the Investigating Officer to recover the Stridhan.

3. The learned CJM partly allowed the application and directed the Investigating Officer of the Satellite Police Station to further investigate the case with respect to the Stridhan and Palmtop Communicator and submit a report regarding the same within 30 days. Thereafter, the Investigating Officer conducted further investigation and respondent No.2 produced certain ornaments in the Police Station but the petitioner and her family members refused to take those ornaments which were produced by submitting that they were not the complete ornaments/stridhan. After further investigation and necessary inquiry, it was found that no palmtop was carried by respondent No.2 while going to Bali and therefore the concerned Investigating Officer opined that nothing was required to be done with respect to the Palmtop. Thereafter, on the basis of the aforesaid further investigation, the Police Inspector, Satellite Police Station submitted the report to the learned CJM pursuant to the order passed by learned CJM for further investigation under Section 173 (8) of Cr.P.C.

5. Thereafter, the petitioner submitted another application (Ex.55) before the learned Magistrate for an appropriate order and to direct further investigation under Section 173 (8) of Cr.P.C. with a special direction that the same be conducted under the direct supervision of an officer not below the rank of Asstt. Commissioner of Police of zone, within whose jurisdiction the Satellite Police Station falls, reiterating the same grievance which was made earlier while submitting the application (Ex.8 and Ex.47) and submitting that Investigating Officer has failed to recover the stridhan and the Palmtop. Learned CJM by order dated 07.08.2010 allowed the said application and directed the Assistant Commissioner of Police of the zone to hold further investigation with respect to stridhan and Palmtop and to submit the report within 30 days.

7. The petitioner being aggrieved with the above order passed by Revisional Court, preferred Special Criminal Application in the High Court of Gujarat at Ahmedabad under Article 227 of the Constitution. But the learned single Judge was pleased to dismiss the same and hence this special leave petition.

April 25, 2014