Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss. 120-B read with ss. 306 and 506- Inter-religious marriage - Unnatural death of husband |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss. 120-B read with ss. 306 and 506- Inter-religious marriage - Unnatural death of husband - Investigation by the State Criminal Investigation Department (CID) - Writ petition by the mother and the brother of the deceased seeking transfer of investigation from CID to CBI on ground of alleged nexus between the police and father-in- law of deceased- Single Judge of the High Court appointing CBI to enquire into the unnatural death of the husband and giving liberty to the CBI to proceed in accordance with law for filing charge-sheet before the competent court u/s. 173(2) Cr.P.C. and to make further investigation if necessary before it actually files the charge-sheet - Division Bench setting aside the order of the Single Judge, directing the CBI to start investigation afresh by treating the complaint of the deceased's brother as FIR and register a case of murder -Held: Order passed by the Division Bench not sustainable - When the Single Judge on satisfying himself based on the materials, particularly, the conduct of the State Police and the apprehension of the mother and brother of the deceased about getting fair justice at the hands of the State CID directed investigation by the CBI, t.here cannot be any parallel investigation by the State CID - Also merely because no injunction was passed against the CID from continuing with the investigation in the matter or no order was passed directing the CID to handover all the papers relating to investigation conducted by them to the CBI, does not mean that CID was free to continue with their investigation - It cannot be said that CBI was appointed as 'Special Officer' to investigate - CBI was justified in recording FIR in terms of the order passed by the Single Judge - Once an FIR had been registered lawfully and investigation had been conducted leading to filing of charge sheet before the competent court of law for the trial of accused persons, absolutely, there was no justifiable reason for the Division Bench to direct re- registration of the same by lodging another FIR after three years - Fresh investigation into the same a/legation would be a futile exercise and would serve no purpose, more particularly, when there is no adverse comment on the investigation carried out by the CBI - Thus, order passed by the Single Judge of the High Court is sustainable and that of the Division Bench is set aside - Code of Criminal Procedure,1973 -s. 173(2).Social justice: Inter-caste or inter-religious marriage - Duty of the administration/police authorities - Held: Is to see that if any boy or girl who is major undergoes inter-caste or inter-religious marriage, their marital life should not be disturbed or harassed - If anyone gives such threat or commits acts of violence or instigates, it is the responsibility of the officers concerned to take stern action against such persons as provided by law - On facts, the Single Judge of the High Court rightly held that the police officials were not . justified in interfering with the married life of the parties. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 170 |
Petitioner | Ashok Kumar Todi |
Respondent | Kishwar Jahan & Ors. |
SCR | [2011] 3 S.C.R. 597 |
Judgement Date | 2011-03-01 |
Case Number | 602 |
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