IMPORTANT POINT
CBI is the nodal agency for investigating offences committed outside India under Section 188 Cr.P.C., and State Government consent is not required for such investigations.

JUDGMENT :

1. Short counter affidavit filed today by the Union of India is taken on record.

2. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri J.K. Pandey and Ms. Nimisha Jain, learned counsel for the petitioner, Sri Ratan Singh, learned A.G.A. appearing for the State respondents, Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel appearing for the Central Bureau of Investigation (C.B.I.) and Sri Manu Vardhana, learned counsel appearing for the Union of India.

3. Fact giving rise to the present petition is that the daughter of the petitioner Anshu Maheshwari had married to Sumit Binani on 27.11.2020. Thereafter, both of them shifted to United States of America (U.S.A.), where the daughter of the petitioner died in a blast in the house at Seattle U.S. and when the petitioner came to know about the same she lodged a first information report dated 28.9.2023 at Police Station Medical College, District Meerut, U.P. making allegations of dowry death against the accused-Sumit Binani and copy of this first information report was sent to Ministry of Home Affairs, Government of India, New Delhi. The petitioner also made a complaint to C.B.I. on 2.6.2022 about the aforesaid incident. Thereafter, on 15.10.2023 office of Senior Superintendent of Police, Meerut has submitted a report to Inspector General of Police, Meerut Zone, Meerut recommending the case to be investigated by the C.B.I. as the offence has been committed outside India and finally matter was referred to C.B.I. by the police authorities of U.P. When no action was taken by the C.B.I. to conduct investigation under Section 188 Cr.P.C. regarding death of daughter of the petitioner, the petitioner has approached this Court by filing present petition with the following prayers:-

“a) Issue appropriate direction to transfer investigation of the FIR no. 0383/2023 dated 28.09.2023 U/S 304-B IPC at P.S. Medical College to CBI;

b) Issue any other orders or directions as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case.”

4. On 21.8.2024 following order was passed:-

"1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri A.K. Pandey and Ms. Namisha Jain, learned counsel for the petitioner, Sri Kuldeep Singh Chauhan, learned A.G.A. appearing for the State of U.P./respondent no.1, Sri Gyan Prakash, learned Senior Advocate along with Sri Sanjay Kumar Yadav, learned counsel appearing for Central Bureau of Investigation/respondent no.2.

2. The present petition has been filed with the prayer to transfer investigation of FIR No. 0383/2023 dated 28.9.2023 under section 304-B IPC registered at Police Station Medical College to Central Bureau of Investigation (hereinafter referred to as 'CBI').

3. We have heard learned counsel for the parties at length.

4. It is an admitted fact that death of Anshu, daughter of the petitioner has taken place in United States of America (U.S.A.) within 15 months of her marriage. It is pointed out that in view of the provisions of section 188 Cr.P.C., the investigation has to be conducted by CBI.

5. Attention was drawn towards Annexure 16 to the petition to submit that vide notification dated 27.5.2016 issued by Govt. of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training), New Delhi to the effect that investigation and prosecution of offence committed outside territorial jurisdiction of India be investigated by CBI being the nodal agency for the purposes of sanction for prosecution under section 188 Cr.P.C. Attention was further drawn towards Annexure 10 to the petition which is a letter written by Senior Superintendent of Police, Meerut to the Inspector General, Meerut recommending the case to be investigated by the CBI.

6. Attention was also drawn to Annexure 12 to the petition which is a letter dated 05.9.2023 written by Special Secretary, Govt. of Uttar Pradesh to Deputy Secretary, CPB Division, Ministry of Foreign Af