2026 Supreme(Pat) 269

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
Tezaswini Kumari, D/o. Gopal Sah - Petitioner 
Versus 
The State Of Bihar, Through Its Director General Of Police, Patna, Bihar - Respondent
Criminal Writ Jurisdiction Case No.259 of 2022
Decided On : 08-04-2026

Headnote:

Criminal Procedure Code, 1973 – Section 173(8) [Section 193(9) of BNSS] – Constitution of India – Article 21 – Petitioner seeking re-investigation / de novo investigation into death of her mother – It is case of petitioner that investigation conducted by local Police is incomplete and deliberately directed away from real line of investigation, and warrants investigation by CBI or SIT – Mother of petitioner was found dead under mysterious circumstance – Fair investigation is an indispensable component of fair trial, and fair trial itself is an inalienable facet of Article 21 – Right to fair investigation is not just confined to accused alone, but also extends equally to victim and to society at large – 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 – Constitutional Courts have constitutional authority to direct for a fresh investigation, re-investigation, de novo investigation, or even, in appropriate cases, where facts of case so warrant, Courts can transfer investigation to an independent or specialized agency such as C.B.I. – It is bounden duty of Constitutional Courts to intervene where investigative process ceases to inspire confidence or appears incapable of bringing whole and real truth on record – Submission of charge-sheet or closure report does not denude Constitutional Court of its jurisdiction to direct further investigation, re-investigation, or transfer to an independent investigating agency. (Paras 26, 27, 28 and 29)

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193(9) – Constitution of India – Article 226 – Petitioner seeking re-investigation / de novo investigation into death of her mother – No person has vested right to insist upon investigation by a particular agency of choice – Informant or victim may legitimately demand fair, impartial and effective investigation, but cannot as of right, claim that such investigation must be conducted only by CBI or any other specialized agency – In present case, suspected accused persons were not named in F.I.R. on alleged insistence of S.H.O. – In a case of unnatural death, which appears to be suicide, it is imperative for Investigating Officer to conclusively establish suicide – There is no suicide note or verifiable psychological suicidal history supported by independent witnesses to bring home factum of suicide – Investigation since its inception has been on presumption that deceased had committed suicide – It is incumbent upon Investigating Officer to conduct holistic investigation to uncover actual truth – Proceeding with a myopic view would not only fail to bring truth to forefront but also be gross miscarriage of justice. (Paras 30, 31, 32 and 33)

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193(9) – Constitution of India – Article 226 – Petitioner seeking re-investigation / de novo investigation into death of her mother – Postmortem report or medico-legal opinion cannot be sole ground to establish suicide conclusively – 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 investigation seeks to proceeds on theory of suicide, such theory must be supported by reliable material and must be properly investigated – Premature or unsupported labelling of an unnatural death as suicide is inconsistent with Constitutional requirement of fair and proper investigation – Medico-legal opinions have corroborative evidentiary value but cannot be sole ground based on which inescapable conclusion is drawn, particularly, when there are admitted suspicious elements surrounding death of mother of petitioner – Investigation did not holistically investigate incident and proceeded with preconceived presumption of suicide – Closure report quashed – Investigation directed to be conducted de novo by Inspector General of Police – Application allowed. (Paras 34, 35, 36, 37 and 38)

JUDGMENT :

SANDEEP KUMAR, J.

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 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 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 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

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