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2023 DIGILAW 112 (SC)

Anadi Dixit v. Union of India

2023-01-23

ANIRUDDHA BOSE, SUDHANSHU DHULIA

body2023
ORDER : 1. The present petition has been brought by the father of a girl student who was enrolled in an educational institution pursuing MBBS course. She died an unnatural death on 5th September 2017. The writ petitioner had lodged the First Information Report with jurisdictional police station in the same district on 11th September 2017. charge-sheet was submitted in connection with the said complaint. In the charge-sheet, two persons were arraigned as accused for commission of offences under Section 306/201 of the Indian Penal Code 1860 (IPC). Subsequently, investigation was handed over to crime investigation division CBCID - another investigating wing of the State police. We are apprised by the learned counsel for the parties that the said agency i.e. CBCID has now filed final report/closure report under Section 173(8) of the Code of Criminal Procedure, 1973. Meanwhile, cognizance was taken by the learned Magistrate as regards the charge-sheet submitted on 30th October 2018 and the case has been committed to Sessions Court. Ms. Garima Prashad, learned Additional Advocate General for the State of Uttar Pradesh has informed us of this fact in course of hearing. So far as the final or closure report is concerned, no order has as yet been passed. 2. Our attention has been drawn to certain other cases of unnatural death, which appear to be cases of suicide in different institutions within the same district. 3. A young girl child has died an unnatural death while pursuing medical studies and two investigating agencies have given reports, one in the form of charge-sheet arraigning two individuals as accused and the other filing closure report. 4. In view of the fact that there appears to be contradiction in the two reports filed by the two investigating agencies and also considering the nature of these cases, we are of the opinion that further investigation ought to be undertaken by Central Bureau of Investigation (CBI) and the two investigating agencies shall assist the CBI in this regard. 5. On conclusion of investigation, the report shall be filed by the CBI before appropriate Court. 6. The writ petition stands disposed of in the above terms. 7. All pending applications shall stand disposed of.