The court upheld the FIR under IPC sections related to dowry death despite claims of natural cause, affirming the need for investigation and distinguishing judicial orders from administrative directives.

CAV JUDGMENT

Date : 18-04-2025

1. The petitioner is a suspended Judicial Officer in the cadre of Bihar Judicial Service. He has invoked Constitutional Writ Jurisdiction under Article 226 of the Constitution of India for the following reliefs:

“(i) For issuance of appropriate Writ/Writs, direction/directions or orders/order, quashing the Alam Ganj P. S. Case No. 747 of 2023, dated 18/08/2023, registered under sections 304-B & 34 of Indian Penal Code , (45 of 1860) on the basis of fardbyan by Ashok Kumar, son of Late Jagdish Prasad at Paras Hospital on 17/08/2023 at 14.45 hours, against the above-named petitioner.

(ii) To issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents not to take any coercive steps against the Petitioner in pursuance of Alam Ganj P.S. Case No. 747 of 2023, dated 18/08/2023 during pendency of this case.

(iii) For any other relief/reliefs, which this Hon’ble Court may grant in general interest, that may be deemed appropriate and necessary in this case.”

2. It is pertinent to mention at the outset that marriage of the daughter of the informant (Respondent No. 6) was solemnized with the petitioner on 11th of May, 2022. She died in Paras Hospital, Patna on 17th of August, 2023 at about 02.45 p.m. After her death, the informant lodged a complaint to the SHO, Alam Ganj Police Station, on the basis of which Alam Ganj P. S. Case No. 747 of 2023 under Section 304B/34 of the Indian Penal Code was registered on 18th of August, 2023. The F.I.R. contained an allegation that after the lapse of one month of marriage of the daughter of the informant with the petitioner, he along with his parents and sister started assaulting the deceased on demand of balance amount of dowry to the tune of Rs. 20,00,000/-. She was threatened that she would not be able to live at her matrimonial home peacefully if the said amount of Rs. 20,00,000/- be not paid to the accused persons. The petitioner along with other accused persons increased the amount of torture upon the deceased daughter of the informant, when they came to know that she informed the incident of physical and mental cruelty to the family members of her paternal home. It was also alleged that in the said marriage, the petitioner and his family members demanded in all Rs. 50,00,000/- as dowry. Out of which Rs. 22,00,000/- was paid in the form of a car valued at Rs. 20,00,000/- and gold ornaments of Rs. 2,00,000/- besides bronze and steel utensils etc. An amount of Rs. 8,00,000/- was paid to the accused at the time of Tilak ceremony. As per the demand of the accused persons, Rs. 20,00,000/- was due towards the arrears dowry amount, for which, the accused persons including the petitioner subjected the daughter of the informant with untold torture. On 13th of August, 2023, the father of the deceased talked to the father of the petitioner and inquired about his daughter. He informed him that everything was well in respect of his daughter. Subsequently, the informant got an information that on 15th of August, 2023 at about 04.12 p.m. that her daughter was admitted to a private nursing home under the name and style of Universal Emergency Hospital and Trauma Centre Private Limited at Kumhrar, Patna with the history of intermittent vomiting since two months with severe left sided periumbilical pain. The patient had history of loose motion and vomiting from two days back from the date of her admission. She was diagnosed with abdominal tuberculosis on the basis of an ultra sonography report done from an institute outside the said nursing home and hypovolaemic shock. The patien