The accused has no right to seek further investigation after the charge sheet is filed, except in exceptional circumstances. The judgment emphasized the need for a fair and just investigation, while also highlighting the importance of balancing the rights of the accused and the prosecution in criminal prosecutions.

JUDGMENT :

Vinod Diwakar, J.

1. Heard Shri Sanjay Vikram Singh, learned counsel for the petitioner and learned AGA for the State.

2. This petition stems from the impugned FIR bearing Case Crime No. 0079 of 2022, under Sections 498A, 304B and 120B IPC read with Section 3/4 of D.P. Act, 1961 registered at P.S. Kurawali, District Mainpuri. Following the completion of the investigation, the police filed a charge sheet against the petitioner and aggrieved by the filing of the charge sheet, the petitioner-husband preferred the instant petition for fair investigation under Article 226 of the Constitution of India, seeking a direction for a fair investigation in the impugned FIR. For clarity, the relief sought before this Court is delineated as follows:

“(i) Issue, a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to conduct further investigation in Case Crime No. 79 of 2022, under Sections 498A, 304B IPC and Section ¾ D.P. Act, P.S. Kurawali, District Mainpuri.”

3. The petitioner, Abhay Gupta, entered into a matrimonial alliance with Harshita Gupta on 1.12.2020 in accordance with Hindu rites and rituals, and during the marriage, the complainant's family spent approximately Rs.20 lakhs, and dowry items were also presented to the petitioner's family within their means. Subsequently, the petitioner and his family subjected Harshita Gupta (deceased-wife) to both mental and physical cruelty. No child was born out of the said wedlock, although the wife was five months pregnant at the time of the death; however, the insufficient dowry made the in-laws unsatisfied, and following this, the complainant's sister was murdered by the in-law's family, in which Satish Chandra (father-in-law); Shri Abhay Kumar and Gaurav Gupta (brothers-in-law -Jeth), Ajay Gupta (brother-in-law-Devar); Smt Stuti Nidhi-wife of Gaurav Gupta (sister-in-law-Jethani); Manju wife of Satish Chandra (mother-in-law); and sister-in-law (Nanad) and brother-in-law (Nandoi) are arrayed as accused/suspect in the FIR.

4. Following the registration of the impugned FIR, the police conducted an investigation and, on its conclusion, filed a charge sheet under Section 498-A, 304-B IPC read with Section 3/4 D.P. Act, 1961 against the petitioner and exonerated all accused persons/ suspects named in the FIR. The doctor opined the cause of death was asphyxia due to ante mortem hanging.

5. That the petitioner-husband aggrieved by the filing of the charge sheet against him, has preferred the instant petition for fair investigation on the following grounds:

5.1 No dowry demand was made, nor was any harassment meted out to the deceased by the petitioner.

5.2 The postmortem report of the deceased is silent about the fact of pregnancy alleged in the FIR, making the entire prosecution story false and frivolous.

5.3 The FIR was registered against the petitioner with malafide intention and oblique purpose.

5.4 Soon before the unfortunate incident, the petitioner immediately informed the parents of the deceased wife and also made the call to the Women Power Line 1090; the Investigating Officer has not looked into the material given by the petitioner, which could have facilitated a fair investigation, enabling the Investigating Officer to reach just and logical conclusion.

5.5 The complainant-brother of the deceased had an affair with one Mamta, and subsequently, the relationship got spoiled with her. The said Mamta started posting certain inappropriate comments against the deceased on social media by creating a fake account, and that is why, to save her honour, the deceased committed suicide. The letter dated 19.10.2022 annexed with the petition finds reference to the online complaint dated 31.3.2022 bearing Complaint No.2022/IC/072020 with regard to the deceased-wife’s brother's girlfriend, who had posted certain inappropriate posts before her death, i.e., on 23.3.2022.

5.6 The police have not followed Rule 107 of the U.P. Police Regulations, 1861 in true spirit, which mandates