Patna High Court
TEZASWINI KUMARIversusTHE STATE OF BIHAR THROUGH ITS DIRECTOR GENERAL OF POLICE, PATNA, BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court quashed the closure report and the magistrate’s order and directed a de novo investigation by the Inspector General of Police, holding that the earlier investigation was defective and failed to conclusively establish suicide, thereby necessitating fresh inquiry.
Summary
The petitioner, Tejaswini Kumari, sought a de novo investigation into her mother’s death, alleging that the local police investigation was incomplete, biased, and aimed at portraying a suicide despite suspicious circumstances. She claimed the FIR omitted the alleged perpetrators, Kaushal Kumar and Rohit Kumar, who had previously taken Rs 15 lakh from the deceased. The court examined the police’s handling of the FIR, the closure report, forensic opinions, CCTV evidence, and the lack of a suicide note, finding the investigation deficient and not conclusively establishing suicide. Relying on Supreme Court precedents, the court held that a constitutional court may order fresh investigation when the existing probe is flawed. Consequently, the closure report and the magistrate’s order were quashed, and a de novo investigation was directed to be conducted by the Inspector General of Police, Bihar. The petition was allowed.
Issues considered
- Can a High Court direct a de novo investigation or transfer of investigation to CBI/SIT when the existing police investigation is alleged to be defective?
- Whether the closure report under Section 173(2) CrPC can be set aside on grounds of inadequate investigation?
- Whether the presumption of suicide can be upheld without corroborative evidence such as a suicide note or reliable testimony?
- Does the petitioner have a right under Article 21 to a fair investigation, warranting fresh inquiry?
- Can the order of the Judicial Magistrate under Section 203 CrPC be quashed in light of the alleged investigative failures?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(2), 173(8), 200, 202, 203, 204
- Indian Penal Code — s. 302
Subjects
- re‑investigation
- de novo investigation
- CBI
- Special Investigating Team
- Section 302 IPC
- Article 21
- fair trial
- suicide vs homicide
- closure report
- FIR
- partial hanging
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.259 of 2022
Arising Out of PS. Case No.-49 Year-2021 Thana- BEERPUR District- Begusarai
======================================================
TEZASWINI KUMARI D/o Gopal Sah R/o H.No. 0091, Asurari Barauni,
Barauni Urvark Nagar, Begusarai, Bihar, Pin Code- 851115.
... ... Petitioner
Versus
1. The State Of Bihar Through Its Director General Of Police, Patna, Bihar
Bihar
2. The Senior Superintendent of Police, Begusarai. Bihar
3. The Superintendent of Police, Begusarai. Bihar
4. The Station House officer, Birpur Police Station, Begusarai. Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Akash Keshav, Advocate
Ms. Akansha Malviya, Advocate
Mr. Vishal Kumar Singh, Advocate
Mr. Shashwat Anand Shukla, Advocate
Mr. Pushkar Pushp, Advocate
For the Respondents : Mr. Prabhat Kumar Verma, AAG-3
Mr. Suman Kumar Jha, A.C. to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
CA.V. JUDGMENT
Date : 08-04-2026
The present writ petition has been filed by the
petitioner seeking re-investigation / de novo investigation in the
death of her mother. It is the case of the petitioner that the
investigation conducted by the local police in relation to the
death of her mother is incomplete and deliberately directed
away from the real line of investigation, and therefore, warrants
investigation by the Central Bureau of Investigation (CBI) or a
Special Investigating Team (SIT). In this backdrop the present
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writ petition has been filed inter alia for the following prayers: -
“I. For Issuance of a writ in the nature of
Mandamus or any other appropriate writ(s) or
order(s) or direction(s) to transfer the said FIR
bearing No.49 of 2021 dated 05.04.2021,
registered under Section 302, IPC lodged with
Birpur Police Station, Begusarai to Central
Bureau of Investigation (CBI) or alternatively
direct for the constitution of a Special
Investigation Team (SIT) to investigate in the
present matter.
II. For Issuance of a writ in the nature of
Mandamus or any other appropriate writ(s) or
order(s) or direction(s) directing the respondent
authorities to conduct a de novo investigation in
the said FIR bearing No.49 of 2021 dated
05.04.2021, registered under Section 302, IPC
lodged with Birpur Police Station, Begusarai.
III. For Issuance of a writ in the nature of
Mandamus or any other appropriate writ(s) or
order(s) or direction(s) to the CBI or the SIT to
take all and any steps as may be required and
permissible under law, to meet the ends of
justice and to solve and unravel the mystery of
the death of the deceased mother of the
petitioner.
IV. Pass such order and further order or orders as
this Hon’ble Court may deem fit and proper
under the facts and circumstances of the present
case.”
2. Subsequently, the petitioner has preferred to
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move an Interlocutory Application bearing I.A. No. 01 of 2025
seeking to amend the prayer portion of the main writ petition
and add an additional prayer. The aforesaid I.A. No. 01 of 2025
was allowed vide order dated 27.06.2025, and the following
additional prayer stood added :-
“V. For setting aside the order dated 09.04.2025 in
complaint case number 211114 of 2022 whereby
and whereunder the Learned Court of Om
Prakash, Judicial Magistrate First Class,
Begusarai while treating the protest petition
filed by the petitioner in Birpur P.S. Case No.49
of 2021 as a complaint case, after making
inquiry under Section 200 and Section 202 of
Cr.P.C. has been pleased to dismiss the same
under Section 203 of the CrPC.”
3. The facts in brief relevant for the present
purpose are that, the present petitioner is the daughter of one
Rinku Kumari, who was found dead on 04.04.2021 at Kasturba
Gandhi Balika Avasiya Vidyalaya, Muzaffara, Begusarai.
According to the prosecution, the deceased left her house on
04.04.2021 in the morning, for the aforesaid school, where she
was working as a warden, saying that she will come back home
by evening. However, at around 2:00 P.M., the petitioner
received a phone call and when the petitioner reached there
along with her family members, she saw the dead body of her
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mother, lying on the floor. Later she was shown pictures of her
deceased mother by the police officials and local people who
had gathered there, in which her mother was seen to be in sitting
position, with a noose around the neck and the rope looped from
a ceiling fan and her body was covered with dirt and dust.
Thereafter, the petitioner along with her family members
performed the last rites of her mother and on the very next date
i.e. on 05.04.2021 the petitioner approached Birpur Police
Station, Begusarai and the present F.I.R. bearing Birpur P.S.
Case No.49 of 2021 dated 05.04.2021 came to be registered.
4. It is the case of the petitioner that when she
approached the Birpur Police Station on 05.04.2021 to register
an FIR naming Kaushal Kumar and Rohit Kumar as accused,
the S.H.O. of Birpur Police Station, refused to lodge an FIR
against the above mentioned suspected accused persons stating
that the petitioner was not present at the time of the incident and
insisted that the F.I.R. will get registered only if the petitioner
gives an application in accordance with what the S.H.O. directs
and only thereafter, the present F.I.R. came to be lodged based
on the new complaint which was drafted as per the direction of
the S.H.O. and prepared by the scribe (Katib) namely, Prabhakar
Kumar and was later signed by the petitioner.
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5. It is the further case of the petitioner that
about three years ago from the date of occurrence, aforesaid
Kaushal Kumar and Rohit Kumar, who are the neighbours of the
family of the petitioner, had taken Rs.15,00,000/- from the
mother of the petitioner for transferring a piece of land to her,
however, neither did they transfer the land nor did they return
the money. Subsequently, a panchayati was held, in which both
the above-named persons had assured the deceased that they
will return the money on 04.04.2021 but on the same date i.e.,
on 04.04.2021 the mother of the petitioner was found dead
under mysterious circumstance, which according to the
petitioner, warrants a serious investigation of the aforesaid two
suspected accused persons.
6. At the outset, learned counsel for the
petitioner submits that from the very beginning, the local police
officials had been hand in gloves to protect the suspected
accused persons, since they have considerable influence in the
local community which is illustrated by the fact that despite
repeated requests by the petitioner, who is the informant of the
present case, the Police has failed to name the aforesaid
suspected accused persons in the FIR.
7. Learned counsel for the petitioner has next
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submitted that the petitioner was assured that after conducting
preliminary investigation, name of the persons provided by the
petitioner shall be arrayed as accused persons, however, the
same was not done and the authorities have failed to conduct a
proper investigation. The case has been investigated only in a
manner to support the narrative of suicide, ignoring the
apprehension that the death of the mother of the petitioner was
not a case of suicide but a case of murder.
8. Learned counsel for the petitioner submits
that the petitioner had visited the competent authorities several
times for taking proper action but she remained unheard. Being
dissatisfied, an e-mail dated 10.04.2021 describing the entire
fact of the matter was sent to the Director General of Police and
other high ranking functionaries of the State requesting them for
their intervention in the matter. The petitioner also wrote a letter
dated 16.04.2021 to the Superintendent of Police, Begusarai
stating all her grievances against the investigating authority.
Later, on 07.06.2021 the petitioner had also moved a protest
petition against the closure report filed by the Police in the
Court of ACJM-VI, Begusarai.
9. It has categorically been reiterated by the
learned counsel for the petitioner that the above-named persons
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are two influential people of the town having political, social
and economic influence in the surrounding area and they also
have influence over the local police authorities and for the said
reasons the police officials of Birpur Police Station have failed
to register an F.I.R. naming the aforesaid two persons. It is
emphasized by the learned counsel for the petitioner that the
lackadaisical attitude of the police is illustrated by the fact that
they have not even bothered to record the statements of
aforesaid Kaushal Kumar and have rather made aforesaid Rohit
Kumar as a prosecution witness.
10. It has been argued by the learned counsel for
the petitioner that the investigative authorities have failed to
enquire into the fact that as per the statement of the Adeshpal
i.e. the peon of the school, namely, Ajit Kumar Bablu, the
deceased had informed him regarding her visit to school and had
asked him to reach the school by 12:00 noon. Learned counsel
for the petitioner has pointed towards the inconsistencies in the
statement of the aforesaid peon, which was never investigated
by the police thoroughly. The learned counsel for the petitioner
submits that the aforesaid peon, on the one hand, has stated that
the deceased had informed him before reaching the school
premises, however, contradicting his statement, on the other
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hand, he has stated that the deceased usually used to inform him
about her arrival at the school, however, she did not inform him
on the date of occurrence. Further, the peon in his statement has
stated that he had reached the school at 12:30 P.M. but during
investigation, it has come that the CCTV camera installed at the
school was suspiciously switched on at 01:45 P.M. and at 01:53
P.M. the peon was seen running towards the main gate calling
people and hurling. However, there is no finding regarding the
whereabouts of said peon in between 12:30 P.M. and 01:53 P.M.
and more importantly, the investigating officer has failed to
investigate the case on the point as to why the CCTV camera
installed at the school remained non-functional / switched off
for almost five and half hours.
11. It has further been argued by the learned
counsel for the petitioner that although the investigation
regarding the Call Detail Records and Customer Acquisition
Form of the deceased and said Kaushal Kumar has been made,
but the investigation has failed to gather details regarding call
records either of the deceased or said Kaushal Kumar and
though the Investigating Officer has analyzed the tower location
of the suspected accused, but the same is only after 08:59 A.M.
which is way beyond the time when the CCTV camera got
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switched off, and therefore, the aforesaid investigation of the
Call Detail Record holds no meaningful relevance.
12. It is the categorical submission of the learned
counsel for the petitioner that from the inquest report prepared
on the place of occurrence, it is evident that the body of the
deceased was found in a sitting position, which further
aggravates the suspicion of a staged hanging and therefore,
points towards planned homicide, considering the fact that even
the C.C.T.V. cameras installed in the school premises were
switched off just after the entry of the deceased in the school.
Further, it has come during investigation that the above-named
two persons had taken money from the deceased and there was
regular tension amongst the family of the deceased and the
above-named persons.
13. Lastly, he submits that the police have failed
to conduct a fair, proper and honest investigation in the present
case and the petitioner seeks justice to unravel the mystery of
her mother's death, dissatisfied with the investigation carried out
by the investigating officer as the investigation has reached a
dead end without identification of the criminals and the
investigating authorities have investigated the present case with
a coloured perspective from the very inception.
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14. The respondent nos. 3 and 4 have filed their
counter affidavit, in which they have reiterated the facts of the
case and have supported the case of prosecution. It has been
stated in the counter affidavit that the postmortem of the
deceased was performed at Sadar Hospital, Begusarai and the
opinion was ‘due to asphyxia as a result of hanging’.
15. Paragraph nos.8 to 15 of the counter affidavit
filed by the respondent nos.3 and 4, read as under:-
“8. That in course of investigation CCTV Footage of
the school was perused and it was found that the
deceased Rinku Kumari came in the School Gate
at 7:55 and close the gate 7:56 and switch off
the CCTV Camera at 7:57:41. One switch was
installed in the School Office can switch off the
CCTV Camera. Further at about 13:24 CCTV
Camera came in operational and at 13:32 Ajit
Kumar Bablu, Peon of the school was going
outside and calling. These facts indicates that
the deceased came in the school and switch off
the CCTV Camera.
9. That in course of investigation CDR & CAFF of
Mobile Number xxx191 & xxx601 was obtained.
Mobile Number xxx191 is standing in the name
of deceased and from this mobile number call
was made to mobile number xxx219 on 04-04-
2021 at 06:17 and at that time location of this
mobile was at Shivam Nursing Home Bus Stand
Begusarai and at 09:09 at Bhawanandpur
Birpur. The Mobile number xxx219 is standing
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in the name of School Peon Ajit Kumar Bablu.
10. That the Superintendent of Police vide Report-2
contained in memo no.5633/Cr. dated 23-08-
2021 directed the Investigating Officer to
obtained Mobile Number of Kaushal Kumar,
Gopal Sah, husband of the deceased and Peon
of the School namely Ajit Kumar Bablu and
obtained the Tower Location of the Mobile on
the date of occurrence and also took the
statement of the deceased husband.
11. That in course of investigation the Investigating
Officer of the case took statement of Devendra
Kumar, Ajit Kumar, Ram Vijay Paswan Principle
of the School, Abhishek and Chetna Kumari
daughter of the deceased.
12. That Sub-Divisional Police Officer, Begusarai
also inspected the place occurrence in course of
supervision and took statement Devendra
Kumar, Ajit Kumar, Ram Vijay Paswan Principle
of the School, Abhishek.
13. That in course of Investigation, CDR & CAFF
of Mobile No.xxx847 and xxx524 was obtained
by the I.O. of the Case and this mobile number
is standing in the name of Kaushal Kumar,
HMO-126, resident of Asurari, Hasanpur. Tower
Location of this mobile number was found at
Asurari & Bihat on 05-04-2021 from 02:09:09
to 17:26:23 and Tower Location of Mobile No.
xxx847 was found Rajapur at about 08:59:50
and Hardiya 19:00, 10:04 at Savaura, 10:11
Pipra Devas, 10:23 Hajipur Pipra Devas, 10:45
Aadharpur, 11:56 Bhagwanpur on 04-04-2021.
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14. That in course of investigation statement of bank
account of the deceased was obtained and it was
found Rs.3,11,513.70/- in her account.
15. That after investigation, it was found that the
deceased and Kaushal Kumar are giving
amount to each other. The witnesses stated that
the Kaushal Kumar has always help the
deceased when ever required and as such there
is a family relationship between the both the
parties. Kaushal Kumar was not present at the
place of occurrence, which is fortified from the
CCTV Footage, independent witness and CDR
& Location of Mobile Number. As per
independent witness deceased Rinku Kumari
was in financial crisis and none of the family
member providing any help. The independent
witness also stated that the deceased Rinku
Kumari also tried to suicide earlier.”
16. I have heard and considered the submissions
of the parties and perused the materials on record.
17. In the facts of the present case, it would be
apposite to reproduce the written application dated 05.04.2021
based on which the present F.I.R. has been lodged:-
“lsok esa]
Jheku~ Fkkuk/;{k egksn;]
fojiqj Fkkuk] csxwljk;
egk”k;]
fuosnu iwoZd dguk gS fd eSa rstfLouh dqekjh
mQZ eksuh dqekjh mez djhc 20 o’kZ ¼chl o’kZ½] firk&
Patna High Court CR. WJC No.259 of 2022 dt.08-04-2026
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xksiky lkg] xzke& vlqjkjh] Fkkuk&cjkSuh]
ftyk&csxwljk; dh jgus okyh gw¡A esjh ek¡ fjadw dqekjh]
mez&40 ¼pkyhl½ o’kZ tks dLrwjck xk¡/kh ckfydk
vkoklh; fo|ky;] eqt¶Qjk] foViqj esa okMZsu ds in ij
dk;Zjr FkhA vU; fnuksa dh Hkkafr fnukad 04-04-21 dks
esjh ek¡ vlqjkjh ?kj ls lqcg esa fo|ky; ds fy, pyh
FkhA mlh fnu nksigj djhc 2 cts ¼nks cts½ lwpuk
ikdj tc eSa vius ifjtuksa ds lkFk dLrwjck xk¡/kh
ckfydk vkoklh; fo|ky; igq¡ph rks esjh ek¡ dh yk”k
Q”kZ ij fyVk;k ns[kk vkSj vU; yksx rFkk iz”kklfud
yksxks us vius&vius eksckbZy ls [khapk QksVks ia[kk ls
yVdk gqvk “ko dks fn[kk;kA eq>s iwjk fo”okl gS fd
esjh ek¡ dh gR;k dh xbZ gS rFkk fnxHkzfer djus ds fy,
yk”k dks ia[kk ls yVdk fn;k x;kA ek¡ dh vfUre
laLdkj djus ds mijkUr eSa Fkkuk igq¡pdj viuk vkosnu
ns jgh g¡wA
vr% Jheku~ ls vuqjks/k gS fd nks’kh O;fDr;ksa ds
fo:) mfpr dkuwuh dkjZok;h djrs gq, eq>s U;k;
fnykus dh d`ik dh tk,A”
18. After completion of the investigation, the
police had submitted final form / closure report on 31.10.2021.
Thereafter, the petitioner preferred a protest petition which was
treated as a complaint case and numbered as Complaint Case
No. 211114 of 2022. The learned Court of Judicial Magistrate,
1st Class, Begusarai vide order dated 09.04.2025 had dismissed
the complaint case. The aforesaid order dated 09.04.2025 reads
as under:-
“Judicial Magistrate 1st Class, Begusarai
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Complaint Case No. 211114 of 2022
Tejaswini Kumari v. Kaushal Kumar & Anr.
09.04.2025
The record is put up for order today. This
complainant case under section 302, IPC arises
out of protest petition filed by the complainant
against Kaushal Kumar and Rohit Kumar after
police, upon investigation, submitted closure
report in Birpur PS Case no. 49 of 2021.
The court had examined the complainant
on oath under section 200 of the CrPC.
Subsequently, four inquiry witnesses namely
Ram Balak Sah (IW-1), Devendra Kumar (IW-
2), Chetna Kumari (IW-3) and Prabhakar
Kumar (IW-4) were examined under section 202
of the CrPC.
Discussion of the evidence adduced during
examination and inquiry
Perused the entire case record including
the deposition of complainant and inquiry
witness, report of probation officer called up by
the court as part of inquiry, and the original
case diary submitted with the police report. The
case of the complainant in brief is that Rinku
Kumari, the mother of the complainant, was
working as a warden in Kasturba Vidyalaya in
Muzaffra, Birpur, Begusarai. On 04.04.2021 at
around 6 am, she had gone with Kaushal to the
school. At around 2 pm, the complainant
received a phone call from an unknown number.
She was informed that her mother had
committed suicide. When the complainant
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reached the spot, she saw the dead body of her
mother lying on floor and was of the impression
that it was not a suicide but a homicide. The
complainant also states that she wanted to name
Rohit and Kaushal in FIR but Police refused to
name any person in FIR and insisted that FIR
be registered against unknown persons. The
complainant alleges that her mother had given
Rs. 15 lakhs to Kaushal Kumar for the purchase
of land. The accused neither registered the sale
of land nor returned her money. The
complainant alleges that her mother had also
written a letter, which is on record, to the
accused demanding money from him.
The postmortem report has been placed
on record, and it reveals that the cause of death
was "asphyxia as a result of hanging." No other
injuries were found on the body, nor was there
any mention of struggle marks or signs of
forcible restraint.
The test before the court is whether there
exists sufficient ground for proceeding under
Section 204 CrPC. The complainant, in her
examination, has expressed her suspicion that
the accused are responsible for the death of the
deceased. In her support, she has cited the letter
allegedly written by her mother to the accused
demanding money. The four inquiry witnesses
have also supported the allegation that the
deceased had lent money to the accused and
was demanding its return. However, apart from
the alleged motive, no direct or circumstantial
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evidence has been placed on record to suggest
homicidal death or to connect the accused with
the act of killing.
There is no material on record which
could suggest the presence of the accused at the
place of occurrence, any last-seen evidence,
recovery, dying declaration, or any form of
incriminating material which could establish a
prima facie case of murder. It is also significant
that the medical evidence, in the form of the
postmortem report, does not support the
hypothesis of homicidal hanging. In the absence
of corroborative material, motive alone is
insufficient to proceed against the accused.
In view of the above discussion, the court
is of the considered opinion that sufficient
ground does not exist for proceeding against the
accused persons. The complaint is devoid of the
basic ingredients required to summon the
accused for an offence punishable under Section
302, IPC or any other penal provision.
Accordingly, the complaint is dismissed
under Section 203 CrPC. OC is directed to
consign the record in the record room as per
rules.”
19. A Co-ordinate Bench of this Court vide order
dated 07.03.2024 had called for an opinion from the Head of the
Department, Forensic Medicine and Toxicology, Patna Medical
College and Hospital, Patna, as to whether death of a person can
be caused by hanging in the manner as depicted in the picture of
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the deceased. The opinion was given vide letter dated
08.04.2024 wherein it was opined that death can be caused by
hanging in the manner as depicted in the picture of the deceased.
It was stated that on the basis of the pictures and documents
supplied, the present case was characterized as a case of
“partial hanging” which in his opinion is “usually suicidal in
nature causing death due to asphyxia”. It was lastly stated that
partial hanging is a type of hanging in which some parts of body
touches the ground and the constricting force is the weight of
head of the body; partial suspension. The bodies are in sitting,
reclining, kneeling, prone or any other posture.
20. At this juncture, it would be gainful to refer
the position of law on the powers of the Constitutional Court to
direct for re-investigation / de-novo investigation.
21. The Hon’ble Supreme Court in the case of
Rubabbuddin Sheikh vs. State of Gujarat & Ors. reported as
(2010) 2 SCC 200 while exercising epistolary jurisdiction on the
letter written by the brother of the victim in a fake encounter has
held that the Constitutional Court is not barred from directing
further / de novo investigation in an appropriate case and has
held as follows:-
“60. Therefore, in view of our discussions made
hereinabove, it is difficult to accept the
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contentions of Mr Rohatgi, learned Senior
Counsel appearing for the State of Gujarat
that after the charge-sheet is submitted in
the court in the criminal proceeding it was
not open for this Court or even for the
High Court to direct investigation of the
case to be handed over to CBI or to any
independent agency. Therefore, it can
safely be concluded that in an appropriate
case when the court feels that the
investigation by the police authorities is
not in the proper direction and in order to
do complete justice in the case and as the
high police officials are involved in the
said crime, it was always open to the court
to hand over the investigation to the
independent agency like CBI. It cannot be
said that after the charge-sheet is
submitted, the court is not empowered, in
an appropriate case, to hand over the
investigation to an independent agency
like CBI.
61. Keeping this discussion in mind, that is to
say, in an appropriate case, the court is
empowered to hand over the investigation
to an independent agency like CBI even
when the charge-sheet has been
submitted, we now deal with the facts of
this case whether such investigation
should be transferred to the CBI
Authorities or any other independent
agency in spite of the fact that the charge-
sheet has been submitted in court. On this
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ground, we have carefully examined the
eight action taken reports submitted by
the State police authorities before us and
also the various materials produced and
the submissions of the learned counsel for
both the parties. (emphasis supplied).
22. In the case of State of West Bengal & Ors.
vs. Committee For Protection Of Democratic Rights, West
Bengal & Ors. reported as (2010) 3 SCC 571, the Hon’ble
Supreme Court has held as follows:-
“Conclusions
68. Thus, having examined the rival
contentions in the context of the
constitutional scheme, we conclude as
follows:
(i) The fundamental rights, enshrined
in Part III of the Constitution, are
inherent and cannot be extinguished
by any constitutional or statutory
provision. Any law that abrogates
or abridges such rights would be
violative of the basic structure
doctrine. The actual effect and
impact of the law on the rights
guaranteed under Part III has to be
taken into account in determining
whether or not it destroys the basic
structure.
(ii) Article 21 of the Constitution in its
broad perspective seeks to protect
the persons of their lives and
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personal liberties except according
to the procedure established by law.
The said article in its broad
application not only takes within its
fold enforcement of the rights of an
accused but also the rights of the
victim. The State has a duty to
enforce the human rights of a
citizen providing for fair and
impartial investigation against any
person accused of commission of a
cognizable offence, which may
include its own officers. In certain
situations even a witness to the
crime may seek for and shall be
granted protection by the State.
xxx
(vii) When the Special Police Act itself
provides that subject to the consent
by the State, CBI can take up
investigation in relation to the
crime which was otherwise within
the jurisdiction of the State police,
the Court can also exercise its
constitutional power of judicial
review and direct CBI to take up the
investigation within the jurisdiction
of the State. The power of the High
Court under Article 226 of the
Constitution cannot be taken away,
curtailed or diluted by Section 6 of
the Special Police Act. Irrespective
of there being any statutory
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provision acting as a restriction on
the powers of the Courts, the
restriction imposed by Section 6 of
the Special Police Act on the
powers of the Union, cannot be
read as restriction on the powers of
the constitutional courts. Therefore,
exercise of power of judicial review
by the High Court, in our opinion,
would not amount to infringement
of either the doctrine of separation
of power or the federal structure.
69. In the final analysis, our answer to the
question referred is that a direction by the
High Court, in exercise of its jurisdiction
under Article 226 of the Constitution, to
CBI to investigate a cognizable offence
alleged to have been committed within the
territory of a State without the consent of
that State will neither impinge upon the
federal structure of the Constitution nor
violate the doctrine of separation of power
and shall be valid in law. Being the
protectors of civil liberties of the citizens,
this Court and the High Courts have not
only the power and jurisdiction but also an
obligation to protect the fundamental
rights, guaranteed by Part III in general
and under Article 21 of the Constitution in
particular, zealously and vigilantly.”
(emphasis supplied)
23. The Hon’ble Supreme Court in the case of
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Subrata Chattoraj vs. Union of India & Ors. reported as
(2014) 8 SCC 768, has held that transfers have been directed by
Constitutional Courts even in cases where the family members
of the victim killed in a firing incident had expressed
apprehensions about the fairness of the investigation. Further, in
the case of Mithilesh Kumar Singh vs. State of Rajasthan &
Ors. reported as (2015) 9 SCC 795, a three Judges Bench of the
Hon’ble Supreme Court has held as follows:-
“11. Such being the importance of fair and
proper investigation, this Court has in
numerous cases arising out of several
distinctly different fact situations exercised
its power of transferring investigation from
the State / jurisdictional police to the
Central Bureau of Investigation under the
Delhi Police Establishment Act. There was
mercifully no challenge to the power of this
Court to direct such a transfer and in my
opinion rightly so as the question whether
this Court has the jurisdiction to direct
transfer stands authoritatively settled by
the Constitution Bench of this Court in
State of W.B. v. Committee for Protection
of Democratic Right.
….
15. Suffice it to say that transfers have been
ordered in varied situations but while
doing so the test applied by the Court has
always been whether a direction for
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transfer, was keeping in view the nature
of allegations, necessary with a view to
making the process of discovery of truth
credible. What is important is that this
Court has rarely, if ever, viewed at the
threshold the prayer for transfer of
investigation to CBI with suspicion. There
is no reluctance on the part of the Court
to grant relief to the victims or their
families in cases, where intervention is
called for, nor is it necessary for the
petitioner seeking a transfer to make out
a cast-iron case of abuse or neglect on the
part of the State Police, before ordering a
transfer. Transfer can be ordered once the
Court is satisfied on the available
material that such a course will promote
the cause of justice, in a given case.
………
22. It is true that the prayer for transfer of
investigation from the State Police to CBI
can be allowed only in rare and
exceptional circumstances when fair
investigation by the State Police does not
inspire confidence on account of any
external influence or otherwise as held in
State of W.B. v. Committee for Protection
of Democratic Rights [(2010) 3 SCC 571 :
(2010) 2 SCC (Cri) 401]. There can be no
cast-iron parameters and whether an
exceptional situation has arisen may be
determined by the Court by taking an
overview of the fact situation of a
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particular case. In the present case, we do
not consider it necessary to blame the
college authorities or the local police but
we are also unable to reject the
apprehension of the petitioner and his
prayer for transfer of investigation. The
death of a young girl student has taken
place in mysterious circumstances.
According to the petitioner, the statement
of the girl was not recorded even though it
could have been done and thus, truth has
not come out. In these circumstances,
without expressing any opinion on merits,
it will be appropriate that the matter is
investigated by CBI.” (emphasis supplied)
24. In Pooja Pal vs. Union of India & Ors.
reported as (2016) 3 SCC 135, the Hon’ble Supreme Court has
held as follows:-
“58. It was declared in Zahira Habibulla case
[Zahira Habibulla H. Sheikh v. State of
Gujarat, (2004) 4 SCC 158 that the courts
have to ensure that the accused persons
are punished and that the might or the
authority of the State is not used to shield
themselves and their men and it should be
ensured that they do not wield such
powers, which under the Constitution has
to be held only in trust for the public and
society at large. That if any deficiency in
investigation or prosecution is visible or
can be perceived by lifting the veil
covering such deficiency, the courts have
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to deal with the same with an iron hand
appropriately within the framework of
law, was underlined.
59. Referring to its earlier decision in Karnel
Singh v. State of M.P. (1995) 5 SCC 518, it
was reiterated that in a case of a defective
investigation, the court has to be
circumspect in evaluating the evidence and
may have to adopt an active and analytical
role to ensure that truth is found by having
recourse to Section 311 of the Code or at a
later stage also resorting to Section 391
instead of throwing hands in the air in
despair. It recalled as well its observations
in Ram Bihari Yadav v. State of Bihar
(1998) 4 SCC 517, that the courts are
installed for justice-oriented mission and
thus, if a negligent investigation or
omissions or lapses due to perfunctory
investigation are not effectively rectified,
the faith and confidence of the people
would be shaken in the law-enforcing
agency and also in the institution devised
for administration of justice.
60. Though, as referred to hereinabove, trial
was completed and the accused persons
were acquitted, in the textual facts, this
Court in Zahira Habibulla case [Zahira
Habibulla H. Sheikh v. State of Gujarat,
(2004) 4 SCC 158 did direct retrial as
prayed for, to avoid subversion of the
justice delivery system and ordered the
investigating agency or those supervising
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the investigation to act in terms of Section
173(8) of the Code as the circumstances
would so warrant.
xxx
77. In Gudalure M.J. Cherian [Gudalure M.J.
Cherian v. Union of India, (1992) 1 SCC
397], this Court in a petition under Article
32 of the Constitution of India, lodged in
public interest, did after taking note of the
fact that charge-sheet had already been
submitted, direct CBI to hold further
investigation in respect of the offence
involved. In recording this conclusion, this
Court did take note of the fact that the
nuns who had been the victim of the
tragedy did not come forward to identify
the culprits and that as alleged by the
petitioners, the four persons set up by the
police as accused were not the real culprits
and that the victims were being asked to
accept them to be so. The paramount
consideration for the direction issued was
to secure justice between the parties and
to instil confidence in public mind. The
same imperative did impel this Court to
issue a similar direction for fresh
investigation by CBI in Punjab and
Haryana High Court Bar Assn. [Punjab
and Haryana High Court Bar Assn. v.
State of Punjab, (1994) 1 SCC 616. Here
as well the investigation otherwise had
been completed and charge-sheet was
submitted.
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xxxxxx
81. The judicially propounded propositions on
the aspects of essentiality and justifiability
for assignment of further investigation or
reinvestigation to an independent
investigating agency like CBI, whether or
not the probe into a criminal offence by
the local/State Police is pending or
completed, irrespective of as well, the
pendency of the resultant trial have
concretised over the years, applicability
whereof, however, is contingent on the
factual setting involved and the
desideratum for vigilant, sensitised and
even-handed justice to the parties.
83. A “speedy trial”, albeit the essence of the
fundamental right to life entrenched in
Article 21 of the Constitution of India has
a companion in concept in “fair trial”,
both being inalienable constituents of an
adjudicative process, to culminate in a
judicial decision by a court of law as the
final arbiter. There is indeed a qualitative
difference between right to speedy trial
and fair trial so much so that denial of the
former by itself would not be prejudicial to
the accused, when pitted against the
imperative of fair trial. As fundamentally,
justice not only has to be done but also
must appear to have been done, the
residuary jurisdiction of a court to direct
further investigation or re-investigation by
any impartial agency, probe by the State
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Police notwithstanding, has to be
essentially invoked if the statutory agency
already in charge of the investigation
appears to have been ineffective or is
presumed or inferred to be not being able
to discharge its functions fairly,
meaningfully and fructuously. As the cause
of justice has to reign supreme, a court of
law cannot reduce itself to be a resigned
and a helpless spectator and with the
foreseen consequences apparently unjust,
in the face of a faulty investigation,
meekly complete the formalities to record
a foregone conclusion. Justice then would
become a casualty. Though a court's
satisfaction of want of proper, fair,
impartial and effective investigation
eroding its credence and reliability is the
precondition for a direction for further
investigation or reinvestigation,
submission of the charge-sheet ipso facto
or the pendency of the trial can by no
means be a prohibitive impediment. The
contextual facts and the attendant
circumstances have to be singularly
evaluated and analysed to decide the
needfulness of further investigation or
reinvestigation to unravel the truth and
mete out justice to the parties. The prime
concern and the endeavour of the court of
law is to secure justice on the basis of true
facts which ought to be unearthed
through a committed, resolved and a
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competent investigating agency.
84. As every social order is governed by the rule
of law, the justice dispensing system cannot
afford any compromise in the discharge of
its sanctified role of administering justice
on the basis of the real facts and in
accordance with law. This is indispensable,
in order to retain and stabilise the faith
and confidence of the public in general in
the justice delivery institutions as
envisioned by the Constitution.
85. As succinctly summarised by this Court in
Committee for Protection of Democratic
Right [State of W.B. v. Committee for
Protection of Democratic Rights, the
extraordinary power of the constitutional
courts in directing CBI to conduct
investigation in a case must be exercised
sparingly, cautiously and in exceptional
situations, when it is necessary to provide
credibility and instil confidence in
investigation or where the incident may
have national or international
ramifications or where such an order may
be necessary for doing complete justice
and for enforcing the fundamental rights.
In our comprehension, each of the
determinants is consummate and
independent by itself to justify the exercise
of such power and is not interdependent on
each other.
86. A trial encompasses investigation, inquiry,
trial, appeal and retrial i.e. the entire
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range of scrutiny including crime
detection and adjudication on the basis
thereof. Jurisprudentially, the guarantee
under Article 21 embraces both the life
and liberty of the accused as well as
interest of the victim, his near and dear
ones as well as of the community at large
and therefore, cannot be alienated from
each other with levity. It is judicially
acknowledged that fair trial includes fair
investigation as envisaged by Articles 20
and 21 of the Constitution of India.
Though well-demarcated contours of
crime detection and adjudication do exist,
if the investigation is neither effective nor
purposeful nor objective nor fair, it would
be the solemn obligation of the courts, if
considered necessary, to order further
investigation or reinvestigation as the
case may be, to discover the truth so as to
prevent miscarriage of the justice. No
inflexible guidelines or hard-and-fast
rules as such can be prescribed by way of
uniform and universal invocation and the
decision is to be conditioned to the
attendant facts and circumstances,
motivated dominantly by the predication
of advancement of the cause of justice.”
(emphasis supplied).
25. The Hon’ble Supreme Court in the case of
Neetu Kumar Nagaich vs. State of Rajasthan & Ors. reported
as (2020) 16 SCC 777 has held as under:-
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“10. Normally when an investigation has been
concluded and police report submitted
under Section 173(2) of the Code, it is only
further investigation that can be ordered
under Section 173(8) of the Code. But
where the constitutional court is satisfied
that the investigation has not been
conducted in a proper and objective
manner, as observed in Kashmeri Devi v.
Delhi Admn. 1988 Supp SCC 482, fresh
investigation with the help of an
independent agency can be considered to
secure the ends of justice so that the truth
is revealed. The power may also be
exercised if the court comes to the
conclusion that the investigation has been
done in a manner to help someone escape
the clutches of the law. In such
exceptional circumstances the court may,
in order to prevent miscarriage of
criminal justice, direct de novo
investigation as observed in Babubhai v.
State of Gujarat (2010) 12 SCC 254. A
fair investigation is as much a part of a
constitutional right guaranteed under
Article 21 of the Constitution as a fair
trial, without which the trial will naturally
not be fair. The observations in this context
in Babubhai [Babubhai v. State of Gujarat,
(2010) 12 SCC 254 are considered
relevant at para 45 as follows: (SCC p.
272)
“45. Not only fair trial but fair
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investigation is also part of
constitutional rights guaranteed
under Articles 20 and 21 of the
Constitution of India. Therefore,
investigation must be fair,
transparent and judicious as it is
the minimum requirement of rule of
law. The investigating agency
cannot be permitted to conduct an
investigation in a tainted and
biased manner. Where non-
interference of the court would
ultimately result in failure of
justice, the court must interfere. In
such a situation, it may be in the
interest of justice that independent
agency chosen by the High Court
[Ganeshbhai Jakshibhai Bharwad
v. State of Gujarat, 2009 SCC
OnLine Guj 12130] makes a fresh
investigation.”
xxx
13. In Dharam Pal v. State of Haryana
[Dharam Pal v. State of Haryana, (2016) 4
SCC 160, it was noticed that the power of
the constitutional court to order fresh or de
novo investigation could also be exercised
after commencement of the trial and the
examination of some witnesses could not
be an impediment, observing as follows:
(SCC p. 170, para 25)
25. … The power to order fresh, de novo
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or re-investigation being vested
with the constitutional courts, the
commencement of a trial and
examination of some witnesses
cannot be an absolute impediment
for exercising the said
constitutional power which is meant
to ensure a fair and just
investigation. … It is the bounden
duty of a court of law to uphold the
truth and truth means absence of
deceit, absence of fraud and in a
criminal investigation a real and
fair investigation, not an
investigation that reveals itself as a
sham one. It is not acceptable. It
has to be kept uppermost in mind
that impartial and truthful
investigation is imperative.”
xxx
17. We, therefore, set aside the closure report
and direct a de novo investigation by a
fresh team of investigators to be headed by
a senior police officer of the State
consisting of efficient personnel well
conversant with use of modern
investigation technology also. No officer
who was part of the investigating team
leading to the closure report shall be part
of the team conducting de novo
investigation.
18. Much time has passed and there is
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undoubtedly an urgency in the matter now.
We therefore direct that such fresh
investigation must be concluded within a
maximum period of two months from today
and the police report be filed before the
court concerned whereafter the matter
shall proceed in accordance with law.”
(emphasis supplied)
26. From the afore-quoted judgments, it is clear
that that Constitutional Courts certainly have the constitutional
authority to direct for a fresh investigation, re-investigation, de
novo investigation, or even, in appropriate cases, where the facts
of the case so warrant, the Courts can transfer the investigation
to an independent or specialized agency such as the C.B.I.
27. It is equally settled that a fair investigation is
an indispensable component of fair trial, and fair trial itself is an
inalienable facet of Article 21. This right to a fair investigation
is not just confined to the accused alone, but also extends
equally to the victim and to the society at large. A criminal trial
resting on a myopic, defective, one-sided, perfunctory or tainted
investigation would itself stand vitiated in substance, even if
procedurally it may be regular, since it would fail to bring the
whole and complete truth to the forefront.
28. Therefore, it is the bounden duty of
Constitutional Courts to intervene where the investigative
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process ceases to inspire confidence or appears incapable of
bringing the whole and real truth on record. The object of such
intervention is to ensure that the administration of criminal
justice does not culminate in a miscarriage of justice based upon
a distorted or incomplete factual foundation.
29. It is also clear that submission of the charge-
sheet or closure report does not denude the Constitutional Court
of its jurisdiction to direct further investigation, re-investigation,
or transfer to an independent investigating agency.
30. At the same time, the law is equally clear
that this power is extraordinary in nature and cannot be invoked
as a matter of routine or on mere asking. No person has a vested
right to insist upon investigation by a particular agency of
choice. An informant or victim may legitimately demand a fair,
impartial and effective investigation, but cannot, as of right,
claim that such investigation must be conducted only by the CBI
or any other specialized agency.
31. Turning to the facts of the present case, from
the perusal of the case records, it is clear that the suspected
accused persons were not named in the F.I.R. on the alleged
insistence of the S.H.O. of Birpur Police Station. More
importantly, from the perusal of the case diary, it appears that
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the statement of one of the aforesaid suspected accused was not
recorded by the investigating officer.
32. In a case of unnatural death, which appears
to be suicide, it is imperative for the investigating officer to
conclusively establish suicide. In the present case, there is no
suicide note or verifiable psychological suicidal history
supported by the independent witnesses to bring home the
factum of suicide. The sole statement of the alleged suspected
accused Rohit Kumar could not be the sole ground to point
towards a pre-existing suicidal tendency of the deceased mother
of the petitioner since the aforesaid Rohit Kumar is not only one
of the suspected accused but his brother is also a suspected
accused, who is alleged to have had taken Rs.15,00,000/- from
the deceased mother of the petitioner as per the version of the
petitioner. Therefore, a bald statement before the police that one
fine day the aforesaid Rohit Kumar had seen the deceased
mother trying to pour kerosene on herself does not establish
conclusively the suicidal tendency.
33. Further, from the perusal of the records of
the case, it appears that the investigation since its inception has
been on the presumption that the deceased, that is, the mother of
the petitioner, had committed suicide. The primary purpose of
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the investigation is fact finding and finding the truth, therefore,
it is incumbent upon the investigating officer to conduct a
holistic investigation to uncover the actual truth. Proceeding
with a myopic view would not only fail to bring the truth to the
forefront but also be a gross miscarriage of justice.
34. Further, the inquest report prepared by the
police at the place of occurrence, the postmortem of the
deceased conducted at Sadar Hospital, Begusarai, as well as the
special opinion sought by this Court from the Head of the
Department, Forensic Medicine and Toxicology, P.M.C.H.,
Patna would, though point towards the conclusion that the
mother of the petitioner had committed suicide inside the school
premises where she was working as warden but, the postmortem
report or the medico-legal opinion cannot be sole ground to
establish suicide conclusively. A postmortem report or a medico-
legal opinion is an important corroborative evidence but, it
could not qualify as a substantive evidence to conclusively
establish suicide. Where the investigation seeks to proceeds on a
theory of suicide, such theory, must be supported by reliable
material and must, therefore, be properly investigated. A
premature or unsupported labeling of an unnatural death as
suicide is inconsistent with the constitutional requirement of a
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fair and proper investigation.
35. It is trite law that medico-legal opinions have
a corroborative evidentiary value but cannot be the sole ground
based on which an inescapable conclusion is drawn, particularly,
when there are admitted suspicious elements surrounding the
death of the mother of the petitioner. The fact that the CCTV
cameras installed inside the school premises were functioning
perfectly well up until 7:18 hours when it was switched off, and
the aforesaid cameras were switched on at 13:24 hours.
36. The contention of the petitioner is that the
allegedly suspected accused Kaushal Kumar had taken
Rs.15,00,000/- from the mother of the petitioner in lieu of
transferring a piece of land. However, from the perusal of the
case records, it appears that though the investigating officer had
analyzed the CDR and CAF, yet they failed to record the
statement of aforesaid Kaushal Kumar. Therefore, it appears that
the investigation did not holistically investigate the incident and
proceeded with a preconceived presumption of suicide. No
meaningful attempts also appears to have been made to
investigate the abetment of suicide or whether the scene of
crime was staged.
37. In view of the aforesaid discussions, this
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Court is of the considered opinion that the death of the deceased
mother of the petitioner deserves to be re-investigated in order
to bring to the forefront the actual and the whole truth.
Accordingly, the closure report No.179 of 2021 dated
31.10.2021 submitted by the police in Birpur P.S. Case No.49 of
2021 is hereby quashed.
38. In such circumstances, the investigation of
Birpur P.S. Case No.49 of 2021 is directed to be conducted de
novo by Sri Vikas Vaibhav, Inspector General of Police, Bihar.
Sri Vikas Vaibhav shall commence the fresh investigation of
Birpur P.S. Case No.49 of 2021 forthwith and he shall be free to
constitute his own team. The police officers of Begusarai district
shall extend all cooperation in the expeditious investigation and
supervision of this case. The investigation shall be conducted in
a holistic and comprehensive manner in accordance with law.
39. Since this Court has directed for re-
investigation of the case, the impugned order dated 09.04.2025
passed by the learned Judicial Magistrate, 1st Class, Begusarai,
is hereby quashed and set aside.
40. Needless to state, this Court has not
expressed any opinion on the merits of the case and the veracity
of the materials collected during earlier investigation.
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41. With the aforesaid observations and
directions, this application is allowed in the above terms.
42. Let a copy of this judgment be
communicated through FAX or e-mail to the Director General of
Police, Bihar as well as the Superintendent of Police, Begusarai
forthwith for its compliance.
(Sandeep Kumar, J)
pawan/-
AFR/NAFR N.A.F.R.
CAV DATE 09.01.2026
Uploading Date 09.04.2026
Transmission Date 09.04.2026
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