UTKARSH SAXENA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The criminal revision under judgement has been preferred by the Petitioner against the order dated 16/04/18, passed by the Court of the Ld. XVIII Additional Sessions Judge, Bhopal in Sessions Trial No. 192/2018 (State of Madhya Pradesh [through P.S. Chunabhatti, Bhopal] Vs. Utkarsh Saxena). By the said order, the Ld. Trial Judge was pleased to dismiss the application filed by the Petitioner u/s. 227 Cr.P.C for discharge and instead, exercising jurisdiction u/s. 228 Cr.P.C, framed charges against the Petitioner for offences u/s. 304-B, 498-A IPC and u/s. 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) This case raises some questions of public importance with regard to the authority and responsibility of the police while investigating an offence. To be more specific, (A) whether the investigation into an offence is done solely for the purpose of securing an indictment and subsequent conviction of a person accused of committing an offence or, does investigation entail a fair enquiry into the allegations levelled against a person with an avowed aim of unearthing the truth? And (B) Is there a duty owed by the police to investigate the parallel hypotheses/defences put forward by a person accused of an offence with the same amount of diligence and impartiality and at the end of it, either reject or accept the case of the person accused of the offence?

(3.) The facts briefly are as hereafter. Dr. Capt. Aditya Saxena is the elder brother of the Petitioner. He is a doctor serving with the Indian Army. The marriage of Dr. Capt. Aditya Saxena with Dr. Ayushi Saxena was solemnised on 18/01/17 at Hotel Sayaji in Indore as per Hindu rites and rituals. At the time of marriage, Dr. Ayushi Saxena was prosecuting her studies for a Post-Graduation degree in medicine from the Gandhi Medical College at Bhopal. At the time of marriage, the brother of the Petitioner was posted with 9 Grenadiers, Mewar, 56 APO, as the Regimental Medical Officer.