The Tripura High Court while dismissing a petition filed by a father whose daughter died in suspicious circumstances during an investigation against her observed that it does not want to control the line of investigation at the present stage and further suspects the fairness and impartiality of the investigating agency without any material.
Brief Facts:
The petitioner, the father of the girl against whom certain offences were committed leading to the institution of an F.I.R. under Sections 363/325/34 of the IPC filed the present petition after his daughter died in suspicious circumstances but the police have not added the offending penal provision under Section 302 of the IPC.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner referred to Section 174 of the Cr.P.C. and also a decision of the Apex Court rendered in the case of Radha Mohan Singh alias Lal Saheb & others versus State of Uttar Pradesh and submitted that appropriate direction may be issued to the investigating agency to add the relevant provisions of the IPC and complete the investigation in a fair and proper manner.
Contentions of the Respondent:
The learned counsel for the appearing on behalf of the state submitted that the case was still under investigation and the chargesheet had not been submitted whether an offence under Section 302 of the IPC is made out or is a case of suicidal death, upon completion of investigation at the time of submission of the charge-sheet, the investigating agency will conclude.
Observations of the Court:
The court stated that the present writ petition was premature and the investigation was still undergoing. Further, it was stated that the outcome of the investigation cannot be prejudged by either the petitioner or by this Court and the petitioner had lodged an F.I.R. under the provisions of Sections 363/325/34 of IPC prior to the death of the girl alleged to be minor and in case during the course of the investigation she died, it is up to the investigating agency to properly inquire the matter and submit charge-sheet.
Further, the court stated that it does not want to control the line of investigation at the present stage and further suspects the fairness and impartiality of the investigating agency without any material and further observed that the judgment cited by the learned counsel for the petitioner is arising out of a concluded trial wherein the provisions of Section 174 Cr.P.C. have been dilated upon by the Apex Court and hence do not help the case of the present petitioner.
The decision of the Court:
The court dismissed the petition.
Case Title: Sri Dipankar Das vs. The State of Tripura and ors.
Coram: Hon’ble Mr. Chief Justice Aparesh Kumar Singh and Hon’ble Mr. Justice S.D. Purkayastha
Case No.: WP(Crl.) No.04 of 2023
Advocate for the Applicant: Mr. A. Acharjee and Mr. P.J. Ghosh
Advocate for the Respondent: Mr. Raju Datta
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