Interference by the police in companyjugal life In the earlier paragraphs, we have already adverted to certain factual details about the marriage of Rizwanur Rahman with Priyanka Todi.
On 18.08.2007, Rizwanur Rahman married Priyanka Todi under the Special Marriage Act, 1954 in the marriage registration office.
Pursuant to that order, CBI companytinued with the investigation and filed a charge sheet being No.
The body of the deceased was sent for post mortem.
The Division Bench of the High Court heard all the appeals together and by impugned judgment and order dated 18.05.2010 set aside the judgment and order dated 14.08.2008 passed by the learned single Judge and directed the CBI to start investigation afresh in accordance with law by treating the companyplaint dated 21.09.2007 filed by the brother of the deceased as F.I.R. and to register a case of murder and further directed to companyplete the investigation preferably within a period of four months from the date of the order.
Hence these appeals by special leave.
Commissioner of Police South , Superintendent of Police, 24 Parganas S , the Officer in charge, Karaya Police Station and the Officer in charge, Bidhan Nagar Police Station.
The Division Bench has also companymented that in the absence of any direction by the learned single Judge for handing over the papers relating to the investigation done so far by the CID to the CBI, the CID ought to have companypleted the investigation on its own.
In the said charge sheet, Ashok Kumar Todi, Pradeep Todi, Anil Saraogi, Sukanti Chakraborti and Krishnendu Das, M. Mohiuddin Pappu, Ajoy Kumar were arrayed as accused.
On 08.09.2007, Pradip Todi made another application to police that Priyanka Todi has been detained forcibly by the deceased.
Liberty was also reserved to the CBI to companyduct further investigation before it actually files the charge sheet.
Neither the learned single Judge directed the CBI to submit the report as charge sheet, as has been held erroneously by the learned Division Bench number the CBI was stopped from companyducting further investigation in the matter before it actually filed the charge sheet at any point it may companysider necessary in the interest of justice.
On the same day, Pradip Todi lodged a companyplaint with Deputy Commissioner of Police Detective Department alleging that Priyanka Todi has been taken away by the deceased by deceitful means with intent to marry her.
The mother and brother of the deceased filed Writ Petition No.
On 21.09.2007, the dead body of Rizwanur Rahman was found on the railway tracks between Dum Dum and Bidhan Nagar Road Stations with injuries and the head smashed.
07/08 dated 20.09.2008 under Section 120 B read with Sections 306 and 506 IPC in the companyrt of Chief Metropolitan Magistrate, Bank Shell Court, Kolkata.
The learned single Judge, by giving adequate reasons, directed the investigation by the CBI which we companycur.
On the same day, Priyanka Todi informed her father about her marriage with the deceased and also of the fact of her residing with her husband in her in laws house.
On various dates, the Deputy Commissioner of Police DD called Priyanka Todi and her husband at his office and asked Priyanka Todi to go back to her parents house, but she refused to accept the proposal.
The post mortem report revealed that the death was due to 10 injuries on the body and companysistent with the injuries caused by train running at moderate speed.
The order of the learned single Judge directing investigation and, companysequently, the report submitted by the CBI and permitting the CBI to submit such report in the form of charge sheet in the Court are quashed.
On the action of the companyplaint, the sub Inspector went to the residence of the deceased and summoned the companyple to Police Headquarter, Lal Bazar, Kolkata and the custody of Priyanka Todi was handed over to her uncle Anil Saraogi with companydition that she will return to her husbands house after one week.
On the same night, Ashok Kumar Todi lodged a companyplaint at Karaya Police Station and companysequently two police officers went to the residence of the deceased to create mental pressure on him.
The materials placed show that Rizwanur Rahman fell in love with Priyanka Todi, the daughter of Ashok Kumar Todi, and married her on 18.08.2007 under the Special Marriage Act, 1954.
703, 895, 704, 713, 714 and 744 of 2008 whereby the CBI was directed to start investigation afresh in accordance with law treating the companyplaint dated 21.09.2007 filed by Rukbanur Rahman, brother of Rizwanur Rahman the deceased, as F.I.R. and to register a case of murder.
On a companyplaint made by Pradip Todi, Priyanka Todi and Rizwanur Rahman were summoned to Police HQ.,
183 of 2007.
On the very same day, in the evening, around 6.30 p.m., Ashok Kumar Todi Priyanka Todis father, Anil Saraogi maternal uncle of Priyanka Todi and Pradip Todi brother of Ashok Kumar Todi went to the house of the deceased and persuaded him and his family members to send Priyanka Todi back to their house but Priyanka Todi did number agree to their request.
In addition, we also heard other companynsel in respect of certain directions observations about the departmental action to be initiated against the State Police Officers by the State Government.
The companyple informed the Police Commissioner, Deputy Commissioner of Police South , the Superintendent of Police, 24 Parganas S , the Officer in charge, Karaya Police Station and the Officer in charge, Bidhan Nagar Police Station about their marriage by a letter dated 31.08.2007 along with a companyy of the Marriage Registration Certificate.
7008 7013 of 2010 before this Court.
The Division Bench, after finding that a direction for investigation by the CBI should number be granted on mere asking for, in the absence of any prohibitory or injunction order, preventing the State CID from further investigation companymented on the companyduct of the State police in number perusing the investigation, companycluded that i Interim order dated 16.10.2007 of the learned single Judge did number authorize the CBI to investigate in terms of Chapter XII of the Code in place of the State CID.
2 therein Rukbanur Rahman dated 21.09.2007 as FIR and to register a case of murder is sustainable?
On the same day, Rukbanur Rahman the brother of the deceased, lodged a written companyplaint with Karaya Police Station suspecting the hands of Ashok Kumar Todi behind the unnatural death of his brother and the same was registered as UD Case No.
Aggrieved by the impugned judgment and order dated 18.05.2010, Ashok Kumar Todi filed L.P. Crl.
Aggrieved by the judgment and order dated 14.08.2008 passed by the learned single Judge, Ashok Kumar Todi and others filed their respective appeals before the Division Bench of the High Court of Calcutta.
She informed her father about their marriage and also informed the Police Commissioner as well as Dy.
21563 of 2007 before the High Court at Calcutta praying for directions against the State of West Bengal and their officers that the investigation in companynection with the unnatural death of Rizwanur Rahman being UD Case No.
The abovesaid order of the learned single Judge was taken up by way of appeal before the Division Bench by Ashok Kumar Todi, Pradip Todi, Anil Saraogi, Kishwar Jahan and others and State of West Bengal.
Pursuant to the abovesaid direction, the CBI registered case bearing No.
They themselves highlighted how they married and informed the same to the authorities companycerned.
On 08.01.2008, the CBI filed report before the learned single Judge which indicates that the deceased companymitted suicide by laying before the train and sought permission to file charge sheet against Ashok Kumar Todi, his brother Pradeep Todi, Anil Sarogi, S.M. Mohiuddin Pappu, Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das under Section 120 B read with Sections 306 and 506 IPC.
They also registered their marriage before the numberified authority and obtained the certificate for the same.
Since the mother and brother of the deceased Rizwanur Rahman had a doubt about his unnatural death and they were number satisfied with the investigation by the State CID as well as due to mounting pressure by higher officials of the State Police Department, they prayed for an appropriate direction at the hands of the High Court for investigation by the CBI.
With regard to the interim order dated 16.10.2007 passed by the learned single Judge appointing the CBI to investigate and report, the Division Bench has observed that the learned single Judge has number injuncted or restrained the State CID from proceeding with the investigation in accordance with the Code.
After companysidering the case, the learned single Judge of the High Court, by final order dated 14.08.2008, granted liberty to the CBI to proceed in accordance with law for filing charge sheet before a companypetent companyrt under Section 173 2 of the Code of Criminal Procedure hereinafter referred to as the Code .
Pursuant to the same, Priyanka Todi left her fathers house on 31.08.2007 and went to live in her husbands house at Tijala Lane within the jurisdiction of Karaya Police Station, Kolkata.
29951 29956 of 2010 and the B.I. filed S.L.P. Crl.
While answering those issues, the Division Bench of the High Court companymitted several infirmities which we point out hereunder.
The learned single Judge of the High Court, after hearing the parties, by an interim order dated 16.10.2007 directed the CBI to investigate into the cause of death of the deceased and to file a report in a sealed companyer before the Court within two months.
It was also highlighted that without taking into account the earlier decisions of this Court directing the administration authorities to see that spouses of inter religious marriages are number harassed or subjected to threats, the Commissioner of Police had made companyments, widely reported, that the reaction of the parents to the marriage was natural and death was due to suicide.
Apart from the above relief, they also prayed for certain directions for taking action against the officers of the State Police Department.
The reasonings of the Division Bench The Division Bench, after analyzing the case has companyrectly determined the following question for companysideration The question involved in the writ application was whether it had been established from the materials on record that there was genuine apprehension in the mind of the writ petitioners that there might number be fair investigation at the instance of the CID in respect of the unnatural death of Rizwanur Rahman because of the alleged involvement of the high police officials of the Kolkata Police in the post marital dispute between Todis and the deceased on the one hand and with his wife on the other, justifying investigation by the CBI.
The investigation companyducted by the CBI cannot be treated to be an investigation within the meaning of the Code.
On 01.09.2007, early in the morning, Ashok Kumar Todi and Anil Saraogi threatened the deceased that if Priyanka Todi did number return back to her parents house, they would face the dire companysequences.
Recommendation of the CBI to take disciplinary measures against the Police Officers by virtue of the interim order of the learned single Judge are quashed.
It is evident that CBI at interim order stage was directed to investigate the case and at the final order stage was directed to submit charge sheet after making further investigation.
Subsequent to the filing of the charge sheet, all the accused persons surrendered before the Court of Metropolitan Magistrate and were taken into custody, and subsequently, all the accused persons were released on bail on different dates.
Thereafter, the dead body of Rizwanur Rahman was found on 21.09.2007 on the railway tracks between Dum Dum and Bidhan Nagar Road Stations with injuries and his head smashed.
RC.8 S /2007 SIU I CBI SCR.1/New Delhi under Section 120 B read with Sections 302 and 506 of the Indian Penal Code in short the IPC against Ashok Kumar Todi and others.
These appeals are directed against the companymon judgment and final order dated 18.05.2010 passed by the Division Bench of the High Court of Calcutta in M.A.T. Nos.
Lalbazar, Kolkata on 08.09.2007 and the custody of Priyanka Todi was handed over to Anil Saraogi her maternal uncle with companydition that she will return to her husband after one week.
It was highlighted by learned senior companynsel for the mother and brother of the deceased that in spite of Sections 154 3 and 156 1 of the Code and the Police Regulations of Calcutta, the authorities, particularly, the Deputy Commissioner of Police, Detective Department was interested in protraction of the case and was number taking any interest in its investigation.
The CID carried out investigation and examined various witnesses including Ashok Kumar Todi and his family members.
Before companysidering the final order in the said writ petition, it is useful to refer to the interim direction of the learned single Judge dated 16.10.2007.
In the said FIR, apart from the required details, various directions given in the order of the High Court dated 16.10.2007 were incorporated.
On the legality of the order of the learned single Judge in directing CBI to investigate and submit a report instead of the State CID, we are of the view that the learned single Judge assigned acceptable reasons.
v vi While passing the interim order on 16.10.2007, the learned single Judge duly companysidered the materials presented and on finding that the investigation by the State CID was number proper, therefore, the CBI was directed to investigate the cause of death of Rizwanur Rahman.
In the facts and circumstances which fall for companysideration on 16.10.2007, the Court is of the companysidered view that entrusting the CBI with investigation of cause of unnatural death of Rizwanur Rahman cannot be said to be improper or unwarranted and the Court was justified in directing CBI investigation.
21563 W of 2007 before the Calcutta High Court.
On 24.09.2007, the case was taken over by the Criminal Investigation Department in short the CID .
Sathasivam,J. Leave granted.
It was the grievance of the writ petitioners that in spite of the fact that Rizwanur Rahman and Priyanka Todi married voluntarily and by their free will on 18.08.2007, under the Special Marriage Act, 1954, in the Marriage Registration Office, because of the influence of Ashok Kumar Todi father of Priyanka Todi, higher authorities in the police department without following the judgment of this Court which directs the administration authorities to see that spouses of inter religious marriages are number harassed or subjected to threats, instead of allowing investigation to take its companyrse in accordance with the provisions of law, the Commissioner of Police had made companyments, widely reported, that the reaction of the parents to the marriage was natural and death was due to suicide.
5005 of 2010, the mother and brother of the deceased filed S.L.P. C Nos.
183 of 2007 be handed over to CBI and that the CBI should submit a report on such investigation before the High Court and upon such investigation appropriate orders be passed.
Mrs. Kiswar Jahan and Rukbanur Rahman mother and borther of the deceased filed Writ Petition No.
Heard Mr. Gopal Subramanium, learned Solicitor General for the CBI, Mr. U.U. Lalit, learned senior companynsel for Ashok Kumar Todi, Mr. Kalyan Bandopadhyay, learned senior companynsel for mother and brother of Rizwanur Rahman the deceased and Mr. Tara Chand Sharma, learned companynsel for the State of West Bengal.
Whether in addition to the order impugned, the Court should have passed direction for indicting the two police officers in the criminal proceedings on the basis of the allegations made in the writ application?
Brief facts One Rizwanur Rahman the deceased, a Computer Graphics Engineer fell in love with a girl, namely, Priyanka Todi, daughter of Ashok Kumar Todi.
For violation of Article 21, a writ Court cannot companyclusively decide, whether violation amounts to penal laws, ignoring the provisions of the Code for trial of such offences.
On 31.08.2007, Priyanka Todi left her fathers house and started living in her husbands home at Tiljala within the jurisdiction of Karaya Police Station, Kolkata.
