Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.173(8) - Dowry case fifed by petitioner-wife against husband and in-laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: s.173(8) - Dowry case filed by petitioner-wife against husband and in-laws - Charge-sheet - At the time of framing of charges, petitioner filed application seeking further investigation of 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' was with husband and his family members, no efforts were made by Investigating Officer to recover it - Further investigation ordered - Ornaments produced by husband but refusal by petitioner to take them on the ground that they were not the complete ornaments - Investigating Officer finally gave report that nothing was required to be done with respect to the Palmtop - Thereafter, petitioner submitted another application before Magistrate for further investigation u/s. 173(8) 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 Police Station falls, reiterating the same grievance which was made earlier - Magistrate allowed the said application - Revision application by respondents partly allowed observing that Magistrate was not justified in directing further investigation on a particular aspect (Stridhan and Palmtop) and that too by a particular officer - High Court upheld the order- SLP - Held: High Court was right in holding that all steps pertaining to investigation of stridhan property had been allowed in favour of the petitioner and even suo moto investigation was conducted by the police which subsequently was confirmed by the order of the Magistrate - Thus, whatever was legally possible was already allowed in favour of petitioner - The attending circumstances showed that she had not moved the Court bonafide but perhaps to teach a lesson to the respondent-husband rather than recovery of her stridhan property - In any view, if the investigation conducted by the authorities did not suffer from the lacunae or serious infirmity, there is no reason to issue any further direction to the court below to take steps in the matter - However, all remedies in accordance with law for recovery of 'stridhan property', would c be available to the petitioner. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2014 INSC 346 |
Petitioner | Pooja Abhishek Goyal |
Respondent | State Of Gujarat & Ors. |
SCR | [2014] 3 S.C.R. 855 |
Judgement Date | 2014-04-25 |
Case Number | 7121 |
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