LexASHOK KUMAR TODI versus KISHWAR JAHAN & ORS.
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[2011) 3 S.C.R. 597 ASHOK KUMAR TOOi V. KISHWAR JAHAN & ORS. (Criminal Appeal No. 602 of 2011) MARCH 01, 2011 [P. SATHASIVAM AND DR. B. S. CHAUHAN, JJ.] Penal Code, 1860 - ss. 120-B read with ss. 306 and 506 A B - Inter-religious marriage - Unnatural death of husband - Investigation by the State Criminal Investigation Department C (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- /aw of deceased- Single Judge of the High Court appointing CBI to enquire into the unnatural death of the husband and o giving liberty to the CBI to proceed in accordance with/aw 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 E 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 F 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 G 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 597 H 598 SUPREME COURT REPORTS (2011] 3 S.C.R. A 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 B 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 C 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). D 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 E 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 inte,1ering with the married life of the parties. F According to the prosecution, 'RZ' fell in love with 'P', the daughter of the appellant. The parties were major and they got married under the Special Marriage Act, 1954 on their own will. The marriage was duly registered G before the notified authority. Thereafter, 'P' left her father's house and started living in her husband's house within the jurisdiction of Police Station at place 'K'. She informed her father about their marriage and also informed the police officials of the Police Station at place H ASHOK KUMAR TODI v. KISHWAR JAHAN & ORS. 599 'K' and the Police Station at place 'B'. The brother of the A appellant filed a complaint in police station at place 'K' alleging that 'P' was taken away by the deceased by deceitful means with intent to marry her. 'P' and 'RZ' were summoned. The custody of 'P' was handed over to her maternal uncle with condition that she would return to her 8 husband after one week. Thereafter, the dead body of 'RZ' was found on the railway tracks between 'D' and 'B' Road Stations with injuries and his head smashed. 'RK'· brother of the deceased filed a complaint with the police stat
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