ATHUL RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has been charge-sheeted for offences punishable under Sections 417, 465, 468 and 471 of IPC. The case against the appellant is that on or around 11th June, 2008, the wife of respondent no.2, one Padmapriya, went missing from her marital home in Udupi, Karnataka. That was reported to the local police by Smt. Saraswathi (Mother of respondent no. 2), as a result of which a case was registered as Crime No.109/2008 on 13th June 2008. The police finally traced Padmapriya to a flat in Dwarka, New Delhi on or around 14th June, 2008. Thereafter, respondent no.2, along with some family members went to New Delhi and, with the police in tow, visited the said flat on 15th June, 2008, with the intention of bringing Padmapriya back home. As the door of the flat was found to be locked, the same was broken open, whence Padmapriya's body was found hanging inside. After investigation, the police concluded that the appellant and Padmapriya had grown close and that the appellant had convinced Padmapriya to leave her husband, respondent no.2, and live with him. The appellant allegedly concealed that he had taken Padmapriya from her marital home and shifted her to New Delhi, where he had rented out the aforesaid flat at Dwarka in which Padmapriya was subsequently found hanging. The investigation also revealed that the appellant had procured several official documents, including the rent agreement for the aforesaid flat, based on fraudulent information and false representations that Padmapriya was his lawfully wedded wife. In that regard, a charge-sheet and supplementary charge-sheet came to be filed against the appellant before the Trial Court, on 20th August, 2008 and 16th July, 2009, respectively, for offence punishable under Sections 417, 465, 468 and 471 of IPC. Pursuant thereto charges have been framed by the Trial Court against the appellant. However, no charge has been framed against the appellant for offence punishable under Sections 497, 498 and 306 of IPC, in relation to the actual death of Padmapriya.

(2.) Pending the aforementioned criminal trial, respondent no.2 filed a private complaint before the Principal Civil Judge (Sr. Dvn.) & JMFC at Udupi with regard to the same incident, being PCR No. 21 of 2009, alleging that the appellant was liable to be tried for offence punishable under Sections 497, 498 and 306 of IPC. The Magistrate ordered an investigation by the local police under Section 156(3) of Cr.P.C. in respect of this complaint. Aggrieved, the appellant moved the High Court of Karnataka, which ultimately quashed the private complaint filed by respondent no.2 vide its judgment dated 21st October, 2013, but granted liberty to respondent no.2 to apply to the Trial Court in the already instituted criminal case against the appellant in relation to the same incident (i.e. Crime No.109/2008), for further investigation and for framing charges under Sections 497, 498 and 306 of IPC. The High Court relied on the decision of this Court in T.T. Antony v. State of Kerala and others, (2001) 6 SCC 181 which has expounded that, regardless of the sweeping power of investigation vested in the police, it does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIRs, whether before or after filing the final report under Section 173(2) of Cr.P.C. Such an exercise would be clearly beyond the purview of Sections 154 and 156 of Cr.P.C. nay, a case of abuse of the statutory power of the investigation in a given case. The Court went on to observe that in case of a fresh investigation based on the second or successive FIRs, not being a counter case, filed in connection with the same or connected cognizable offence alleged to have been committed in course of the same transaction and in respect of which pursuant to the first FIR, either investigation is underway or final report under Section 173(2) has been forwarded to the Magistrate, such case may be fit for exercise of power under Section 482 of Cr.P.C. or under Article 226/227 of the Constitution. The High Court also relied on its earlier decision in the case of Sri Balaji v. State of Karnataka, ILR 2008 Kar. 3697 which restated the same legal position. Following these decisions, the High Court was pleased to quash P.C.R No.21/2009 filed by respondent no. 2, with liberty to make the necessary application before the Trial Court in CC No.31/2008 for further investigation and also for framing charges under Sections 497, 498 and 306 of IPC. The High Court made it clear that said request ought to be considered by the Trial Court in accordance with law.

(3.) Accordingly, respondent no.2 moved an application before the Trial Court in C.C. No.31/2008 for further investigation into the offences under Sections 497, 498 and 306 of IPC. This application was however rejected by the Trial Court vide order dated 7th August, 2014. The Trial Court has observed that the charge-sheet filed by the police indicated that statements of 76 witnesses had been recorded during the investigation and four articles seized. The Trial Court also noted that the investigating officer had investigated the case from all angles in the context of the allegations in the complaint before filing the charge-sheet and supplementary charge-sheet. The Trial Court, therefore, held that there was no need for further investigation. The Trial Court also made it clear that if, before conclusion of the trial, there was any evidence which revealed the commission of an offence by the appellant, then appropriate charges could be framed against him.