1. The deceased aged 21 years, a 3rd year student at the National Law University Jodhpur, was the only son of the petitioner. She seeks justice to unravel the mystery of her son’s homicidal death, dissatisfied with the investigation carried out by the State Police. The investigation has reached a dead end without identification of the offenders. The prayer in the writ petition is therefore for a mandamus to transfer the investigation in FIR No.155 of 2018 dated 29.06.2018 registered under Section 302 of the Indian Penal Code at the Mandore Police Station, Jodhpur City, Rajasthan to the Central Bureau of Investigation.

9. Normally when an investigation has been concluded and police report submitted under Section 173(2) of the Code, it is only further investigation that can be ordered under Section 173(8) of the Code. But where the constitutional court is satisfied that the investigation has not been conducted in a proper and objective manner, as observed in Kashmeri Devi vs. Delhi Administration, (1988) Suppl. SCC 482, fresh investigation with the help of an independent agency can be considered to secure the ends of justice so that the truth is 7 revealed. The power may also be exercised if the court comes to the conclusion that the investigation has been done in a manner to help someone escape the clutches of the law. In such exceptional circumstances the court may, in order to prevent miscarriage of criminal justice direct de novo investigation as observed in Babubhai vs. State of Gujarat, (2010) 12 SCC 254. A fair investigation is as much a part of a constitutional right guaranteed under Article 21 of the Constitution as a fair trial, without which the trial will naturally not be fair. The observations in this context in Babubhai (supra) are considered relevant at paragraph 45 as follows:

“45. Not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must interfere. In such a situation, it may be in the interest of justice that independent agency chosen by the High Court makes a fresh investigation.”

12. In Dharam Pal vs. State of Haryana, (2016) 4 SCC 160, it was noticed that the power of the constitutional court to order fresh or de novo investigation could also be exercised after commencement of the trial and the examination of some witnesses could not be an impediment, observing as follows:

“25. ….The power to order fresh, de novo or reinvestigation being vested with the constitutional courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation. …… It is the bounden duty of a court of law to uphold the truth and truth means absence of deceit, absence of fraud and in a criminal investigation a real and fair investigation, not an investigation that reveals itself as a sham one. It is not acceptable. It has to be kept uppermost in mind that impartial and truthful investigation is imperative. ….”

13. Reverting to the facts of the present case, we find that the occurrence took place in the intervening night of 13.08.2017 and 14.08.2017. The inquest proceedings under Section 174 Cr.P.C. were registered on 14.08.2017 but remained inconclusive, and now in view of the closure report deserves to be consigned. The death of the deceased was initially sought to be passed off as accidental by collision with a train or suicidal due to depression. The F.I.R. under Section 302, IPC was registered very much belatedly on 29.06.2018, albeit reluctantly, only at the persistence of the petitioner and her husband after they repeatedly approached the higher authorities. Even thereafter the investigation remained at a standstill till the filing of the counter affidavit before this Court as recent as 03.07.2020 with the respondents insisting that the death was accidental and that the nature of injuries could not attribute a homicidal death. Earlier the husband of the petitioner had also petitioned the High Court where till 20.07.2019 the respondents insisted that the death was accidental in nature. Unfortunately, the High Court despite noticing the long pendency of the investigation took a misguided approach that the petitioner had not expressed suspicion against any one and neither had he alleged biased against the Investigating Officer, to pass an open ended order to investigate the case and file a report. In this manner, the investigation remained inconclusive for nearly three long years with the investigating agency sanguine of passing it off as an accidental death without coming to a firm conclusion avoiding to complete the investigation. It is only when we ordered on 08.07.2020 that the investigation be concluded within a period of two months and the final report be placed before us, that suddenly a very lengthy investigation closure report has been filed before us taking a stand that though the death was homicidal there was no clue. The closure report is therefore, to our mind, a clear hasty action leaving much to be desired regarding the nature of investigation, because if a detailed investigation had already been done as is sought to be now suggested, there is no reason why a final report could not have been filed by the investigating agency in the normal course of events and needed an order to do so from this Court. The entire investigation and the closure report therefore lack bonafide. The interest of justice therefore requires a de novo investigation to be done, to sustain the confidence of the society in the rule of law irrespective of who the actors may be.

14. We, therefore, set aside the closure report and direct a de novo investigation by a fresh team of investigators to be headed by a senior police officer of the State consisting of efficient personnel well conversant with use of modern investigation technology also. No officer who was part of the investigating team leading to the closure report shall be part of the team conducting de novo investigation. Much time has passed and there is undoubtedly an urgency in the matter now. We therefore direct that such fresh investigation must be concluded within a maximum period of two months from today and the police report be filed before the court concerned whereafter the matter shall proceed in accordance with law.

15. The writ petition is allowed.