ASHOK KUMAR TODI versus KISHWAR JAHAN & ORS.

ASHOK KUMAR TODI versus KISHWAR JAHAN & ORS.

Once an FIR is lawfully registered and investigated by the CBI pursuant to a court order, resulting in a charge sheet, there is no justification for re-registration or fresh investigation for the same offence; the Single Judge's order for CBI investigation is sustainable and Division Bench's contrary order is set aside.

Parties
Appellant: Ashok Kumar Todi; Respondent: Kishwar Jahan; Respondent: Rukbanur Rahman
Jurisdiction
India
Judgment Date
01 March 2011
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment on Appeals From High Court Orders
Outcome
Appeals disposed of. Division Bench's order set aside. Single Judge's orders sustained.
Legal Topics
Investigation by CBI Vs. State CID, Inter Religious Marriage, Unnatural Death, Charge Sheet Under S.173(2) Cr PC, Police Interference in Marital Life
Criminal Law Family Law Human Rights Investigation by CBI Vs. State CID Inter Religious Marriage Unnatural Death Charge Sheet Under S.173(2) Cr PC Police Interference in Marital Life

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Parties

Ashok Kumar Todi

Appellant

Kishwar Jahan

Respondent

Rukbanur Rahman

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment on Appeals From High Court Orders

Legal Issues

  1. 1 Was the Division Bench of the High Court justified in directing a fresh investigation and re-registration of FIR when the CBI had already conducted investigation and filed charge sheet?
  2. 2 Did the Single Judge have valid grounds to transfer investigation to CBI from State CID?
  3. 3 What is the role of police authorities in inter-religious/inter-caste marriages regarding harassment and threats?

Ratio Decidendi

Once an FIR is lawfully registered and investigated by the CBI pursuant to a court order, resulting in a charge sheet, there is no justification for re-registration or fresh investigation for the same offence; the Single Judge's order for CBI investigation is sustainable and Division Bench's contrary order is set aside.

Court Disposition

Appeals disposed of. Division Bench's order set aside. Single Judge's orders sustained.

Orders

  • High Court Division Bench's order directing fresh investigation and re-registration of FIR is set aside.
  • Single Judge's interim and final orders for CBI investigation and charge sheet filing are upheld.