1 2026:CGHC:26542-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 322 of 2026 Santosh Kumar Kashyap S/o Ganpat Kashyap Aged About 51 Years R/o Village Akola, Tehsil / Post Khamharia , District -Bemetara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Home Affairs, Police Head Quater, Atal Nagar, Naya Raipur, District -Raipur, Chhattisgarh. 2 - The Director General Of Police, Police Head Quater, Atal Nagar Naya Raipur, District- Raipur , Chhattisgarh 3 - Inspector General Of Police, Durg Range, Durg, District Durg Chhattisgarh 4 - The Senior Superintendent Of Police, Durg, District Durg Chhattisgarh 5 - Police Station Nandini Nagar, Durg, Through Sho, Police Station Nandini Nagar Durg, District Durg Chhattisgarh. 6 - Yuvraj Patel S/o Omprakash Patel R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh 7 - Smt.Shakun Patel W/o Omprakash Patel, R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh 8 - Omprakash Patel, R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.07.01 11:09:09 +0530 2 9 - Toran Patel, S/o Omprakash Patel R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh 10 - Khusshbu Patel , D/o Omprakash Patel R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh 11 - Dinu Patel, R/o Village Sahagaon, P.S.Nandini Nagar, Durg, District Durg, Chhattisgarh ---- Respondents (Cause title taken from Case Information System) For Petitioner : Mr. S.C. Verma, Senior Advocate along with Mr. Sajal Kumar Gupta, Advocate For Respondents /State : Mr. Shashank Thakur, Additional Advocate General and Mr. Soumya Rai, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 30/06/2026 1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner, father of the deceased, seeking appropriate directions to the respondent authorities to conduct a fair, impartial and expeditious investigation into the unnatural death of his daughter, who died within seven years of her marriage under suspicious circumstances. During the pendency of the present proceedings, learned State counsel has produced a copy of the First Information Report, which has been taken on record. 3 2. The present writ petition has been filled by the petitioner with the following prayers:- “In view of the facts and grounds mentioned above, the petitioner seeks for the following relief (s) from this Hon'ble Court: (i) Issue an appropriate writ, order, or direction directing the respondent authorities to investigate the matter and conclude the Merg Intimation bearing No. 25/2026 was registered under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to a logical end. (ii) Issue an appropriate writ, order, or direction directing the respondent authorities to do a fair, impartial, and time-bound investigation; (iii) Direct the respondents to take immediate coercive steps against the accused persons; (iv) Monitor the investigation to ensure that it is conducted in accordance with law; (v) Grant any other relief deemed fit and proper in the interest of justice.” 3. The case of the petitioner, in brief, is that his daughter, Late Smt. Kiran Patel, was married with respondent No.6 on 10.02.2023 according to Hindu rites and customs. According to the petitioner, soon after marriage she was continuously subjected to cruelty and harassment on account of unlawful demand of dowry. It is alleged that an amount of Rs.5,00,000/- was demanded by the husband and his family members and, despite payment of Rs.4,00,000/- by the petitioner during a social settlement, 4 the harassment continued. On 07.04.2026, the petitioner's daughter sustained burn injuries in her matrimonial home and succumbed to the same. Initially, Merg Intimation No.25/2026 was registered under Section 194 of the Bharatiya Nagarik Suraksha Sanhita and an enquiry was undertaken. 4. The petitioner submits that despite repeated representations alleging commission of offences relating to dowry death, cruelty and murder, no effective investigation was initially undertaken. Aggrieved by the alleged inaction of the police authorities, the petitioner invoked the extraordinary jurisdiction of this Court seeking a direction for registration of appropriate offences and fair investigation. During the course of hearing, however, learned State counsel informed this Court that an FIR has since been registered for the offence punishable under Section 304-B of the Indian Penal Code corresponding to Section 80(2) of the Bharatiya Nyaya Sanhita, 2023, and investigation is presently in progress. 5. Learned counsel for the petitioner submits that although an FIR has now been registered under Section 304-B of the Indian Penal Code (corresponding to Section 80(2) of the Bharatiya Nyaya Sanhita, 2023), the contents of the FIR disclose that the investigating agency has recorded therein that the deceased was suffering from mental illness, which according to the petitioner is wholly incorrect and has been introduced only with a view to dilute the allegations relating to dowry death and cruelty. It is further submitted that the deceased died within seven years of marriage under highly suspicious circumstances after prolonged dowry-related harassment. Therefore, the investigation 5 deserves to be conducted fairly, independently and expeditiously and should culminate in submission of the police report before the jurisdictional Court within a stipulated period under the supervision of a senior police officer. 6. Per contra, learned State counsel submits that pursuant to the grievance raised by the petitioner, the FIR has already been registered and investigation is actively in progress. It is submitted that the investigating agency is collecting all relevant material including medical records, documentary evidence and statements of witnesses in accordance with law. He further submits, on instructions received from the case diary, that the deceased had been regularly undergoing treatment at the Central India Institute of Mental Health and Neuro Sciences, G.E. Road, Devada Chowk, Kopedeeh Road, Village Devada, District Rajnandgaon (C.G.). It is submitted that the said aspect also forms part of the investigation and every circumstance connected with the occurrence shall be objectively examined before submission of the final police report. 7. We have heard learned counsel for the parties and have perused the material produced by the petitioner in the writ petition. 8. Having heard learned counsel for the parties and having perused the material available on record, this Court finds that the principal grievance raised in the present petition was with regard to the alleged inaction of the respondent authorities in conducting a fair and expeditious investigation into the unnatural death of the petitioner's daughter. During the course of hearing, learned State counsel has produced a copy of the 6 First Information Report, which has been taken on record. It is not in dispute that the FIR has now been registered for the offence punishable under Section 304-B of the Indian Penal Code, corresponding to Section 80(2) of the Bharatiya Nyaya Sanhita, 2023, and investigation has already commenced. Consequently, the relief initially sought by the petitioner regarding registration of an appropriate criminal case no longer survives for consideration. 9. Learned counsel for the petitioner has, however, contended that though the FIR has been registered under the appropriate penal provision, it contains a recital to the effect that the deceased was suffering from mental illness, which, according to him, is incorrect and has been incorporated with an oblique motive to dilute the allegations relating to dowry death. On the other hand, learned State counsel, on the basis of instructions received from the case diary, has submitted that the deceased had been regularly undergoing treatment at the Central India Institute of Mental Health and Neuro Sciences, G.E. Road, Devada Chowk, Kopedeeh Road, Village Devada, District Rajnandgaon (C.G.), and that all such facts are part of the ongoing investigation. 10. At this stage, this Court is of the considered opinion that it would neither be appropriate nor permissible to record any finding on the rival factual submissions advanced by the parties. The truthfulness, relevance and evidentiary value of the respective allegations are matters which fall squarely within the domain of the investigating agency and, thereafter, the jurisdiction of the competent criminal Court. Any observation made 7 by this Court on such disputed factual issues at this stage may unnecessarily prejudice either the investigation or the subsequent trial. 11. The aforesaid principle has been reiterated by the Hon'ble Supreme Court in Divine Retreat Centre v. State of Kerala & Others, (2008) 3 SCC 542 wherein, it has been observed that the High Court cannot direct investigation to be carried out in a particular manner or assume day-to-day supervision over the investigating agency except in rare and exceptional cases warranting such exercise of jurisdiction. 12. Reference may also be made to the decision of the Hon'ble Supreme Court in Vinay Tyagi v. Irshad Ali alias Deepak & Others, (2013) 5 SCC 762, wherein, it has been held that the fundamental object of investigation is discovery of the truth and that every investigation must be fair, impartial, honest and in accordance with law so that the ultimate report placed before the competent Court inspires confidence. 13. Applying the aforesaid settled principles to the facts of the present case, this Court is satisfied that the FIR has already been registered and the investigation is presently in progress. In such circumstances, this Court does not find it appropriate to undertake any factual examination regarding the merits of the allegations made by either side. The interest of justice would, however, be adequately protected by directing the investigating agency to conclude the investigation expeditiously, objectively and strictly in accordance with law under the supervision of the Superintendent of Police concerned. 8 14. Accordingly, without expressing any opinion on the merits of the allegations contained in the FIR or on the rival factual submissions advanced by the parties, and recording the statement of learned State counsel that investigation is in progress, the present writ petition is disposed of with a direction that the Investigating Officer shall conduct a fair, impartial, independent and uninfluenced investigation in accordance with law and shall make every endeavour to complete the investigation and submit the police report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the jurisdictional competent Court within a period of 08 weeks from today. The Superintendent of Police concerned shall monitor the progress of the investigation to ensure that the investigation is carried out fairly and is concluded within the aforesaid period. It is made clear that the observations contained in this order are confined solely to the disposal of the present writ petition and shall not be construed as an expression on the merits of the case, all issues being left open to be examined by the investigating agency and, thereafter, by the competent Court in accordance with law. 15. Accordingly, the writ petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved