Excelsior Correspondent
JAMMU, Mar 6: High Court has refused to quash FIR against Inspector Vivek Bassan, who is allegedly involved in the death of his wife.
After hearing Advocate Paras Gupta for the applicant whereas AP Singh for the private respondent, Justice Sanjay Kumar Gupta while dismissing the petition observed. “the court below has held that prima facie case is made out against the petitioner/accused and there appears to be a definite attempt to shield the 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 to the fore 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”, the High Court further observed, adding “whether on the basis of allegations levelled 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 CrPC”.
“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”, High Court said, adding “if investigation or FIR is quashed at this stage it would amount to killing of unborn child in womb”.
Trending Now
E-Paper
Follow our WhatsApp channel