Point of law : To encompass two imperatives; firstly, the investigation must be unbiased, honest, just and in accordance with law; and secondly, the entire emphasis has to be to bring out the truth of the case before the court of competent jurisdiction."

ORDER :

The petitioner in this writ petition seeks a direction by issuance of writ in the nature of mandamus to call for the records in Crime No.177 of 2016 and direct reinvestigation into the matter at the hands of either Central Bureau of Investigation or Criminal Investigation Department.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

The petitioner is the father of the deceased. Marriage of petitioner’s daughter Mrs. Khushboo Nimbalkar takes place with one Amit Sheshrao Tayade on 29.01.2015. It appears that the relationship between the members of the family, husband and daughter of the petitioner was not good right from the date of marriage of the daughter of the petitioner. After about 18 months of marriage, which according to the averments was quite tormenting, the daughter is alleged to have committed suicide. The daughter was last seen on 20.08.2016 at about 11 a.m. and on the next day at about 6 p.m. brother-in–law of the petitioner receives a call that the daughter of the petitioner died by hanging herself. It is on 23.08.2016 the petitioner registers a complaint with the Hebbal Police in Crime No.177 of 2016 for offences punishable under Sections 304(B), 498A, 302 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Proceedings in Crime No.177 of 2016 are pending against the family members of the husband. Those petitions which did call in question the proceedings pending against the husband and other family members are dismissed by this Court and the trial is directed to be continued against those accused. The present petition though arises out of the same incident and the same crime number, is filed seeking further investigation into the matter.

3. Heard Sri Venkatesh P.Dalwai, learned counsel for the petitioner and Smt. B.G. Namitha Mahesh, learned Additional Government Advocate for the respondents.

4. The learned counsel Sri Venkatesh P.Dalwai appearing for the petitioner would contend that the Police have conducted a shoddy investigation and would take this Court to several lacunae in the investigation conducted and have also filed charge sheet where the offence of Section 302 of IPC is dropped. It is for this purpose the present petition is filed by the petitioner.

5. The learned Additional Government Advocate representing the respondents would submit that the investigation is conducted in its entirety and what the Police found during investigation was no offence of murder to be included. Therefore, Section 302 of IPC was omitted from the charge sheet and if this Court were to direct further investigation the Police would conduct such further investigation.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and perused the material on record.

7. Before embarking upon consideration of the plea of the petitioner for further investigation into the matter, I deem it appropriate to notice the law laid down by the Apex Court with regard to further investigation of a crime and the stage at which such further investigation could be ordered at the instance of representatives of the deceased. Apex Court in the case of DAYAL SINGH v. STATE OF UTTARANCHAL, (2012) 8 SCC 263 has held as follows:

“21. The investigating officer, as well as the doctor who are dealing with the investigation of a criminal case, are obliged to act in accordance with the Police Manual and the known canons of medical practice, respectively. They are both obliged to be diligent, truthful and fair in their approach and investigation. A default or breach of duty, intentionally or otherwise, can sometimes prove fatal to the case of the prosecution. An investigating officer is completely responsible and answerable for the manner and methodology adopted in completing his investigation. Where the d