Interim Order 13

Order Details: COPY OF ORDER
Pdf Text: Regular steno and Reader of the court are on leave today.
71 Cr. Case 718/2023
STATE Vs. Closure Report 110/2019 (Timar Pur)
09.09.2025
Present : Sh. Deepak, Ld. APP for the State.
Complainant in person alongwith ld. counsel Sh. Kunal Sharma.
Vide this order, I shall disposed off protest petition.
Present FIR was registered vide order dated 29.06.2019 passed by Ld.
Predecessor of this court on the application u/s 156 (3) Cr.P.C filed by complainant.
The brief facts as taken out from the FIR are :-
1) That the complainant is a peace loving and law abiding citizen having
formidable credentials and enjoying immense respect in the society.
2) That Complainant's son namely Saurabh Chauhan was studying/preparing for
U.P.S.C. (Civil Services) Examinations at Mukherji Nagar, Delhi. Saurabh
Chauhan had taken a room for his studies at H. No. 363, Gali No.6, National
Library Wazirabad, Timarpur, Delhi, since last about 3 years. That about 7-8
months back accused no.5 Ravi Singh father of accused no.1 Devesh contacted
the complainant and inquired as to from where complainant's son was pursuing
the U.P.S.C. coaching classes by representing that accused no. was also willing
to do the same. On the request of accused no.5, complainant gave him the
mobile number of his son.
3) That after having conversation with complainant's son, accused no.5 sent
accused no.1 for studying/preparing for U.P.S.C. (Civil Services) Examinations
at Delhi. Accused no.5 came along with his son Devesh i.e. accused no. at the
said room (H. No. 363, Gali No.6, National Library Wazirabad, Timarpur,
Delhi) of complainant's son. Accused no.5 also requested complainant's son to
arrange the stay of accused no. in the same room/ accommodation and offered
that all the expenses shall be borne equally by both of them. Complainant's son
accepted the request of accused no.5.
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4) That after few days. cousin brother of accused no.l namely Sunil s/o Vinod, the
accused no. 2 herein also reached there and expressed his willingness to
study/prepare for U.P.S.C. (Civil Services) Examinations while living with
them in the same room. Complainant's son objected to the same on the premise
that living of three persons in one small room will create problems in the
studies, however, on the request of accused no.1, complainant's son agreed for
the stay of accused no.2 in the same room with subdued wish.
5) That within few days of stay of accused no.2 in the said room, accused no.1 &
2 started creating nuisance in the room by consuming alcohol, smoking, talking
in most vulgar language regarding various girls. Due to the said unruly conduct
of accused no.l & 2, complainant's son started feeling uncomfortable and
disturbed since his studies and health were being badly affected. Complainant's
son tolerated their unruly behavior for few days but after few days
complainant's son requested accused no.1 & 2 to concentrate on their studies
and do not indulge in such activities since the same shall be detrimental to the
aspirations of their families. However, when accused no.l & 2 were not ready
to mend their ways and had rather, intentionally and deliberately, increased
their aforesaid uncalled for, hostile and illegal activities complainant's son
asked both of them either to completely stop such activities or shift somewhere
else by leaving the said room. On hearing this accused no.1 & 2 got infuriated
and took the bona fide and genuine requests of as insult by complainant's son.
However, thereafter, although accused no.2 shifted to other room at H.No.
43/12, Gali No.-12, Near Hanuman Mandir, Wazirabad, Timarpur Delhi, where
accused no.3 & 4 were already reside but accused no.l continued to stay in the
same room with complainant's Son Saurabh Chauhan.
6) That accused no.2, although shifted from the room of Complainant's Son but
accused no 1 & 2 have a grudges in their heart and they both were looking for
the opportunity to take the revenge. In the evening of 07.09.2018 accused no.1
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(Including accused no.2, 3 & 4) through the preplanned conspiracy, took
complainant's son at the room of accused no.2, where they offered the dinner to
complainant's son in which they put some poisonous material, which they
already conspired.
7) That on 08.09.2018 at about 6:00 A.M. complainant's brother received a called
from accused no.5, father of accused no.1, who informed that complainant's
son has died. After sometime complainant received a call from accused no.1
who told complainant that they were at Sant Parmanand Hospital with the dead
body of complainant's son. When complainant with his family reach the
hospital they found accused no.1, 2 & 5 were present there. After that I.O. of
the case ie. Sh: Shamsher Singh (A.S.I.) and one Head Constable took the dead
body in emergency/mortuary for the purpose of Postmortem. During the
postmortem of complainant's son, I.O. told him that he found vomiting on the
bed as well as floor of the room where sunil, Hukum & Arpit (accused no.2, 3'
& 4) were resides.
8) That under the aforesaid circumstances it is clear that the unnatural death of
complainant's son is nothing but the murder by the above mentioned accused
persons, with the conspiracy of each other in pre-planned manner.
FIR was registered and the closure report was filed on 19.01.2023.
Complainant filed protest petition against the said closure reports and the
grounds taken by him in the closure report are as follows:-
1) That the investigation carried out by the Police officials is biased and improper
and unfair. The purpose of investigation is to collect the evidence, however the
I.O. / Police Officials did not collect the evidence during the investigation
which was expected from the I.O. / Police Officials in the present case. Thus,
the further investigation in this matter is required to reveal the truth.
2) That the I.O. / Police Officials delayed the polygraphy test and later on only on
the basis of polygraphy test, they concluded that the suspects are not involved
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in the present crime. It is pertinent to mention here that the polygraphy test is
not the conclusive proof, however it may be used as corroborative evidence.
The Final Report revealed that during the period, when the polygraph test was
delayed, the I.O. / Police Officials did not further investigate the matter nor
collected any evidence other than the said test.
3) That the I.O. / Police Officials did not investigate the case on the line of last
seen persons who were with the deceased and the conduct of the Devesh
(Accused) who deliberately lied to the father of the deceased on 07.09.2018
"that Saurav bhai is in library". It is also important to note that the complainant
made the call firstly to his son deceased Saurav, only when the phone was not
connected, then the complainant called Devesh (Accused).
4) That the I.O. / Police Officials deliberately did not collect the call details which
could reveal the truth. That the Final Report does not disclose any investigation
of the night between 07.09.2018 and 08.09.2018 nor any call details have been
taken on record by the Investigating Agency which shows deliberate intention
and malafide of the Investigating Agency. The I.O. / Police officials also did
not investigate the aspect that how and in what manner the incident occurred
and when father of Devesh reached at Parmanand Hospital and till that time,
the Complainant was not been informed about the conduct of the suspect who
was highly doubtful but no investigation has been done by I.O. / Police
officials in this regard. Thus, the further investigation in this matter is required
to reveal the truth.
5) That despite the motive of crime has been explained to the I.O. / Police
officials, no investigation has been done in this regard which could reveal the
further truth. Thus, the further investigation in this matter is required to reveal
the truth.
6) That the investigation carried out by the Police officials is biased and improper
and unfair.
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7) That the police Officials did the extraordinary delay in getting the proper
knowledge about the FSL Report which got delivered to the I.O. on 28.01.2019
and the I.O took his own sweet time to get the advice of Dr. Kamlesh, Auto spy
surgeon who conducted the Postmortem, Dr. Kamlesh gave the Clarification on
FSL Report "Multiple Hemorrhage present on lungs, stomach (vital parts etc.)
can occur as a result of poisoning in the body of the deceased which has been
documented in FSL report.
8) That the IO, has not given the detail of the investigation done at Divine
Hospital or Tirath Ram Hospital or at Sant Parmanand Hospital, and as pet the
story put forwarded by the Accused Person(s), are not true and are only made
to suppress the material facts in the commission of the crime jointly. The time
of death deceased Saurav was much prior to the time when he was taken to the
Parmanand Hospital because it has been specifically mentioned on the First
Medical Document ie, CASUAL/PY CARD that the patient was having
"RIGOR MORTIS", That had it been the ease, that Devesh, Sunil or anybody
else could have taken the deceased Saurav to any Hospital as mentioned ie,
Divine Hospital or Tirath Ram Hospital, Saurav (deceased herein) would have
been declared brought dead. That even there is no document or any ML. on
record which had been prepared by the Hospitals) namely Divine Hospital and
Tirath Ram Hospital as according to version of Accused No. 3 (Hokum) and
Accused No. 4 (Arpit), (Saurav) deceased herein was admitted there for the
treatment on the date of alleged incident.
9) That the investigation carried out by the Police officials is biased and improper
and unfair.
Reply was filed by SI Suresh Bhatia.
Heard. Perused. Considered.
I have gone through the closure report as well as the case diary.
I have also gone through the protest petition and the reply filed by the
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investigating agency.
Firstly, from the perusal of the closure report, it is observed that there is
no site plan on record. It appears that IO has never visited the spot, whereas as per the
procedure of the investigation u/s 176 of BNSS/157 Cr.P.C one of the foremost step
to investigate any offences to proceed to the spot, then to investigate the facts and
circumstances and thereafter, take measures for discovery and arrest of offender.
Since, there is no site plan, the same shows that IO has never visited the
spot.
Secondly, it appears that on the basis of polygraph test, a clean chit has
been given to the accused persons whereas evidence and statement of independent
witness u/s 161 Cr.P.C has not been recorded. Accused Devesh, Hukmsingh, Arpit,
Abhishek, Sunil have all given the statement about the house maid who came at the
place of incident to cook the food. It is further, a common thread in the statements of
the accused persons that she put the kheer for cooking by the same was left uncooked
by her and the cooking of kheer was completed by deceased Saurabh. However, no
efforts have been made to trace her or to record her statement. She is the independent
witness in the entire incident and by recording her statement it would have become
clear who was present alongwith the deceased on the day of incident.
Further, it is also recorded in the statement of Sunil that on the day of
incident no alcohol was consumed. However, it remains unclear as to how the alcohol
is present in the body of deceased. The case diary further reflects that no effort has
been made to collect the CCTV footage in and around the place where the deceased
and the accused persons were residing. No statement of anyone has been recorded to
verify the fact if on 07.09.2018 deceased Saurabh went to library or not. From
reading of the closure report, there appears to be no difference on the version of
accused persons and the IO. No independent verification of the statements made by
the accused persons has been done.
Further, the FSL report does not indicate the quantity of alcohol found in
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the exhibits which were preserved by the postmortem doctor.
Based on the above discussion, the court is of the view that the matter is
to be investigated further.
Accordingly, the protest petition is allowed.
Issue court notice to SHO PS Timarpur to appoint a responsible officer
for investigation of the present matter. Notice be also issued to concerned DCP to
monitor the investigation.
Now to come up for 03.11.2025.
(Karanbir Singh)
JMFC-02, Central District
Tis Hazari Courts/09.09.2025
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