Simplified Explanation of the Judgment
In this case, the Patna High Court dealt with a writ petition filed by a woman alleging police inaction in her complaint of dowry-related harassment and assault by her husband and in-laws. She had lodged an FIR in 2021 under Sections 498A, 323, 504, 506, and 34 of the IPC and relevant provisions of the Dowry Prohibition Act. The complaint was registered at the Women’s Police Station, Patna.
Despite several follow-ups, the police allegedly failed to take proper action, investigate the matter sincerely, or submit a final report. This led the aggrieved woman to approach the High Court, seeking a direction for fair investigation.
The core allegation was that the investigation had been deliberately delayed and mishandled due to the influence and reach of the accused persons.
The State, through the police authorities, submitted before the Court that the investigation was still underway and that delays were not intentional but due to workload and procedural issues.
The High Court noted the seriousness of the allegations and emphasized that under Article 226 of the Constitution, the High Court has the power to intervene when state authorities fail in their legal duty to protect citizens’ rights.
The Court observed that:
- The FIR had been pending without conclusion for a prolonged period.
- Delayed or lackluster investigation in such sensitive matters, especially involving dowry and domestic abuse, violates the victim’s right to timely justice.
- The police have a statutory duty under the CrPC to conduct and complete the investigation within a reasonable timeframe.
Accordingly, the Court directed the Superintendent of Police, Patna, to ensure that a proper and unbiased investigation is completed and a final report (charge sheet or closure) is submitted within six weeks. The Court further observed that if there was any dereliction of duty by the investigating officer, the State Police Headquarters must take departmental action.
Significance or Implication of the Judgment
This decision underlines the judiciary’s role in safeguarding the rights of women subjected to domestic violence and dowry harassment. It reinforces the idea that delays in investigation can effectively deny justice and embolden offenders. For police authorities, the judgment is a clear warning that inaction or delays in sensitive cases can lead to judicial oversight and administrative consequences.
It also highlights the power of constitutional courts under Article 226 to issue directions when executive authorities fail in their basic responsibilities.
Legal Issue(s) Decided and the Court’s Decision with reasoning
- Can a writ petition under Article 226 be filed to seek fair investigation in a criminal matter?
✔️ Yes. The Court reiterated that writ jurisdiction can be invoked when there is failure of statutory duty by the police. - Was the investigation delayed without justification?
✔️ Yes. The FIR was pending for an extended period, with no final report, which was deemed unreasonable. - Did the police have a legal obligation to complete the investigation promptly?
✔️ Yes. The CrPC mandates timely investigation, especially in cases involving women and serious allegations. - What directions were issued to ensure compliance?
✔️ The SP was ordered to complete investigation within six weeks and ensure a final report is submitted. Disciplinary action was recommended for any lapse by officer.
Case Title
Petitioner vs. State of Bihar & Others
Case Number
Civil Writ Jurisdiction Case No. 647 of 2023
Citation(s)
2020 (3) PLJR 128
Coram and Names of Judges
Hon’ble Mr. Justice Rajeev Ranjan Prasad
Names of Advocates and who they appeared for
For the Petitioner:
- Mr. Santosh Kumar, Advocate
For the Respondent-State:
- Mr. Manish Kumar, SC-5
- Mr. Sanjeet Kumar, AC to SC-5
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/NiM3MzMyNSMyMDE5IzEjTg==-rGMZuwwloU0=
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