Dornapal, Police Station Dornapal, District Sukma (C.G.) v. State of Chhattisgarh Through Station House Officer, Police Station Dornapal, Dis
Case Details
1 2025:CGHC:4918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2753 of 2023 Jameel Siddiqui S/o Late Ismile Siddiqui Aged About 46 Years Resident Of Near Masjid, Ward No. 4, Dornapal, Police Station Dornapal, District Sukma (C.G.). ... Petitioner versus State of Chhattisgarh Through Station House Officer, Police Station Dornapal, District Sukma (C.G.). ... Respondent For Petitioner For State-Respondent : :
Legal Reasoning
Mr. Praveen Dhurandhar, Advocate Mr. Pranjal Shukla, PL Hon’ble Shri Justice Arvind Kumar Verma Order on Board 28/01/2025 1. With the consent of the parties, matter is heard finally. 2. The present petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner for quashment of the impugned order dated 26.06.2023 (Annexure P-1) passed in Sessions Trial No.256/2021 by the First Additional Sessions Judge, VASANT KUMAR Digitally signed by VASANT KUMAR 2 South Bastar Dantewada (C.G.), whereby the learned Court below has rejected the application under Section 173(8) of the CrPC preferred by the petitioner. 3. Brief facts of the case is that on 27-11-2017, marriage of deceased Majida Khatun was solemnized with the accused Firoz Siddiqui and out of their wedlock, there were two children, out of which one expired. As per the allegation, the husband used to harass the deceased for demand of dowry and in the year 2019, there was a dispute took place between the husband and wife and she was ousted from the house and thereafter, she made a written complaint to the Superintendent of Police on 18-04-2019 and thereafter counseling was taken place in the community level and both the deceased and accused husband compromised and again started living together, but the dowry demand and harassment of the husband was continued, therefore on 30-08- 2021, the deceased consumed rat kill poison and thereafter she was admitted to Hospital for treatment and she died on 31-08-2021 during treatment. On which merg was reported by the petitioner on 01-09- 2021, over which merg investigation was made by the police and the FIR was registered on 08-09-2021 only against the husband namely Firoz Siddiqui for the alleged offence under Sections 304-B, 498-A of IPC. Thereafter, charge- sheet was filed by the police on 25- 10-2021. 4. Learned counsel for the petitioner contended that the petitioner had preferred the WPCR No.38/2023 raising a plea that tainted 3 investigation made by the respondent in Crime No.24/2021, wherein though the material in the form of written report of deceased before the incident and her diary notes, in which she has made allegations against the other in-laws of the co-accused husband, but the police did not seized the written report and diary notes and due to heart failure, the other in-laws who were responsible for the death of the daughter of the petitioner has been set to free and thereafter in haste the charge-sheet
Decision
has been filed weakening the case of the petitioner. In the writ petition, the petitioner has sought for higher investigation and this Court in the above writ petition vide order dated 20.01.2023 granted liberty to the petitioner on relying upon the judgment of the Hon’ble Supreme Court rendered in “Devendra Nath Singh Versus State of Bihar & Others reported in (2023) 1 SCC 48 and on the basis of that the petitioner preferred application under Section 173(8) of CrPC before the trial Court raising his grievance, the same has been rejected by the trial Court on 26.06.2023. Hence, this petition. 5. Learned State counsel has not objected on the submission made by learned counsel for the petitioner. 6. I have heard learned counsel for the respective parties and considered their submissions made herein above and also went through the records with utmost circumspection. 7. Considering the facts of the case and submission made by learned counsel for the parties, it is important fact that the document annexed 4 as Annexure R1 & R2 filed by the State, but these are not a part of the charge-sheet. In the case of Devendra Nath Singh (supra), the Hon’ble Supreme Court held that; “Even when the basic power to direct further investigation in a case Where a charge-sheet has been filed is with the Magistrate, and is to be exercised subject to the limitations of Section 173(8) CrPC, in an appropriate case, where the High Court feels that the investigation is not in the proper direction and to do complete justice where the facts of the case so demand, the inherent powers under Section 482 CrPC could be exercised to direct further investigation or even reinvestigation.” 8. Section 173(8) of the Code of Criminal Procedure, 1973 provides as under : “(8)Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of 5 sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)”. 9. It is crystal clear from the record that though the material in the form of written report of the deceased before the incident and her diary notes mentioned in the final report to the police has not been seized those documents and it states that filed those documents as Annexure R-1 before this Court. 10. In view of the above, the order passed by the trial Court is per se illegal and hence quashed the impugned order dated 26.06.2023 (Annexure P-1) and the learned trial Court is directed to decide the application under Section 173(8) of CrPC preferred by the petitioner and pass a fresh order by considering the documents relied by the petitioner, in the interest of justice. 11.Accordingly, the instant CrMP is allowed and disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant