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2017 Supreme(Ori) 60
IN THE HIGH COURT OF ORISSA : CUTTACK
S.K. SAHOO, J.
Smt. Nandita Sethi @ Behera - Petitioner
Versus
State of Orissa & another - Opposite Parties
Criminal Revision No. 478 of 2016
Decided On : 19-01-2017
Subject
Criminal Law - INVESTIGATION
Act Referred
CRIMINAL PROCEDURE CODE : S.173(8), S.438, S.173(3), S.173(4), S.173(5), S.173(6), S.173(2), S.167(2), S.482, S.172(3)(i)
DOWRY PROHIBITION ACT : S.4
INDIAN PENAL CODE : S.468, S.471, S.498(a), S.294, S.506, S.313, S.34
Headnote
2. INVESTIGATION - Conduct of impartial and unbiased investigation is the hall-mark of any criminal investigation - If it is unfair, improper and one sided and important materials are not collected or ignored deliberately which will have a far-reaching consequence in proving the guilt or otherwise of the accused, it would amount to defective investigation - Such investigation will not be in the interest of justice and it would be against the public confidence on the investigating agency - Even though after taking cognizance of the offence by the Magistrate upon the charge sheet or final report submitted by police, the right of the police to further investigate the case is not exhausted after seeking formal permission from the Magistrate but a Magistrate cannot direct further investigation of the case at the instance of a de facto complainant after taking cognizance of offences on the basis of charge-sheet submitted by Police.
For the Petitioner: Mr. Satyabrata Pradhan, M.R. Padhi
For the State of Orissa : Mr. Deepak Kumar
For the Opposite Party : Mr. Dharanidhar Nayak
JUDGMENT :
S.K. Sahoo, J.
An important and interesting question that arises for decision in this case is as follows:-
“Whether the Magistrate after taking cognizance of offences on the basis of chargesheet submitted by police can direct further investigation of the case at the instance of a de facto complainant?”
The petitioner Smt. Nandita Sethi @ Behera who is the wife of opposite party no.2 Sadananda Behera is an accused in Bhadrak Rural P.S. Case No.367 of 2013 in which charge sheet was submitted against her for commission of offences punishable under sections 468 and 471 of the Indian Penal Code which corresponds to G.R. Case No.1917 of 2013 pending in the Court of learned S.D.J.M., Bhadrak.
The petitioner has challenged the impugned order dated 04.05.2016 passed by the learned S.D.J.M., Bhadrak in allowing the petition filed by the opposite party no.2 Sadananda Behera for further investigation of the case under section 173(8) of Cr.P.C.
2. On 25.09.2013 on the First Information Report submitted by one Brajakishore Das, ASI of Police, Bhadrak Rural Police Station before the Inspector in Charge, Bhadrak Rural Police Station, the case was instituted. It is stated in the F.I.R. that while inquiring into the petition filed by the opposite party no.2 as per the order of the Inspector in Charge, the informant visited Anchalika Sahajoga Sanskrit Mahavidyalaya, Palli, Radhakanta Behera +3 Degree College, Arnapal and Bental G.P. Office. During inquiry, it was ascertained that the petitioner was admitted to Radhakanta Behera +3 Degree College, Arnapal on 02.07.2007 as per the admission register of the College and she passed +3 degree examination in the year 2010 and left the College on 07.07.2010. During verification of the admission register of Anchalika Sahajoga Sanskrit Mahavidhyalaya, Palli, it was learnt that the petitioner was admitted in +3 degree class (Sastri) in the college on 20.08.2007 and during the final examination in the year 2010, the petitioner was detected in adopting malpractice for which she was not issued with College leaving certificate. It was ascertained during inquiry that the petitioner served as Grama Rozgar Sevak in Bental G.P. Office on production of +3 pass certificate from Radhakanta Behera +3 Degree College, Arnapal which has been procured by her by forged means. The petitioner was subsequently terminated from the post of Gram Rozgar Sevak.
On such First Information Report, Bhadrak Rural P.S. Case No.367 of 2013 was registered on 25.09.2013 under sections 468 and 471 of the Indian Penal Code and the Inspector in Charge, Bhadrak Rural Police Station directed Sri G.Ch. Nayak, A.S.I. of Police of Gujidarada Outpost to investigate the case. Subsequently the investigation was taken over by Chitta Ranjan Das, A.S.I. of Police, Gujidarada Outpost who examined the witnesses and it was found during investigation that in the year 2007, the petitioner got admission in Radhakanta Behera +3 Degree College, Arnapal producing +2 pass certificate from Maa Basanti Durga Anchalik Sanskrit Mahavidhyalaya, Tentulidihi, Chandbali. The petitioner also got admission in the year 2007 in Anchalik Sahajog Sanskrit Mahavidhyalaya, Palli but during final examination, she was detected adopting malpractice. It was found out during investigation that the petitioner got admission in Radhakanta Behera +3 Degree College arranging pass certificate for the purpose of cheating. The petitioner was also selected as Gram Rozgar Sevak of Bental Gram Panchayat, Bhadrak but after verification, she was terminated from the post by the DRDA, Bhadrak. All the material documents were seized and as clinching evidence against the petitioner for commission of offences under sections 468 and 471 of the Indian Penal Code was found, charge sheet dated 07.06.2014 was submitted and accordingly, cognizance of offences under sections 468 and 471 of the Indian Penal Code was taken on 17.06.2014.
The petitioner approached this Court under section 438 Cr.P.C. in BLAP
