A Delhi Court has directed Delhi Police to lodge FIR under relevant sections on a complaint made by a mother-in-law against daughter-in-law and her family members for allegedly attempting to kill her by poisoning.
Rohini Court's Metropolitan Magistrate Ajay Singh Parihar on Monday while passing the order said, "I have heard the arguments and perused the record. On the face of it, the cognizable offence is made out. Pendency of records of FSL examination will only help in the investigation and same cannot be a ground for non-registration of FIR."
"In fact, the Investigation officer should have registered the FIR and then collected the above materials. Be that as it may, since on the face of it, the complainant discloses cognizable offence, SHO connected is directed to register the FIR under the relevant sections and file report in this regard. Put up for a report on 28.10.2021," the court said.
A complaint was preferred by a mother-in-Law through Advocate Amit Sahni against the inaction of the Delhi Police for not lodging FIR on an incident of 25-09-2021, wherein it was alleged that daughter-in-law in connivance with her family members mixed poisonous substance in the milk, which was then used by mother-in-law for preparing Coffee and she became critical after consuming it and was taken to DDU Hospital, where MLC was conducted.
Advocate Amit Sahni submitted before the Magistrate that after a complaint made to concern SHO, DCP and the Commissioner of Police, no action was taken by the police despite MLC being conducted at DDU Hospital and the mother-in-law remained critical for several days in Mata Chanan Devi Hospital as well.
Lawyer for complainant mother-in-law also submitted that even complaints were made to top Police officials for transferring the investigation to some other police station to ensure impartial investigation in the matter and it was also brought to the notice of Higher Police Authorities vide representation dated 02-10-2021 that case properties including CCTV, leftover coffee and cup and clothes of the victim/complainant were not seized by the police.
Advocate Sahni argued that the police officer concerned is duty-bound to register the case on receiving the information disclosing cognizable offence and the genuineness or credibility of the information is not a condition precedent for registration of a case.