SC orders CBI probe for alleged murder of MBBS student, says "truth must come out after thorough and proper investigation"

New Delhi: Dissatisfied with the investigation carried out by Crime Investigation Department (CID) Bengaluru, the Supreme Court recently ordered the Central Bureau of Investigation (CBI) to take up the alleged murder case of an MBBS student.

"We are not at all satisfied with the further investigation carried out by the Investigating Agency-CID, Bengaluru. The truth must come out after thorough and proper investigation by the Investigating Agency," observed the top court bench comprising of Justices MR Shah and MM Sundresh.

Directing CID Bengaluru to hand over entire records of the case to CBI, the bench further mentioned in the order, "The present Investigating Agency is directed to handover the entire records of the case to the CBI, Bengaluru within a period of two weeks from today, after getting the same back from the concerned Court."

CBI has been directed by the top court to submit the periodical status report before the High Court and conclude the investigation as soon as possible considering the fact that the alleged murder case dates back to 2014.

"The CBI is, hereby, directed to submit the periodical status report before the High Court every two months on the further investigation carried out. The CBI, Bengaluru, Karnataka is expected to conclude the investigation as early as possible, considering the fact that the incident is of 2014 and the petitioner-father of the deceased is waiting for justice," read the judgment.

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As per the latest media report by Live Law, the deceased was pursuing MBBS at A J Institute of Medical Science in Mangalore. Back on March 23, 2014, the headless body of the deceased MBBS student had been found near Tannirbhavi. 

While the matter was being probed by CID Bengaluru, the father of the deceased approached the Supreme Court praying for CBI investigation. Meanwhile, the top court had directed the CID to submit the status report. Taking note of the same, the bench observed that except for gaining expert opinion from the Department of Forensic Medicine and Toxicology, Bangalore Medical College and Research Institute, no further investigation had been carried out.

On the contrary, the court noted that an abated charge-sheet was filed against the deceased for rash driving or for causing death by negligence under Sections 279, 304(A) IPC read with Section 185 of the Motor Vehicles Act.

Taking note of this, the Supreme Court bench observed, "It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed. Even otherwise, on prima facie consideration of the relevant material on record, more particularly, the photographs produced along with the writ petition, it appears prima facie that it is not a case of simple accident as opined by the Investigating Agency."

Observing that the CID Bengaluru has failed to investigate the matter, the top court bench observed, "In the present case, the Investigating Agency – CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth...Under the circumstances, this a fit case to exercise the powers under Article 32 of the Constitution and to transfer the investigation of the case to the CBI, Bengaluru."

"In view of the above and for the reasons stated above, the present Writ Petition stands allowed. The Investigating Agency HNB – CID, Bengaluru is hereby directed to transfer the investigation in Crime Case No. 65 of 2014 registered with Panambur P.S., Mangaluru to the CBI, Bengaluru, Karnataka and the CBI, Bengaluru, Karnataka is hereby directed to conduct the further investigation," it further noted.

Referring to the abated charge-sheet, the bench clarified, "Having been satisfied that there is no proper investigation on the allegation of murder and/or the deceased being killed, we set aside the abated charge-sheet filed against the deceased for the offence under Sections 279, 304(A) IPC read with Section 185 of the Motor Vehicles Act. However, at the same time, whatever the material is collected during the investigation/further investigation be transferred to the CBI, Bengaluru, as ordered hereinabove."

"The Writ Petition is, accordingly, allowed with costs, which is quantified at Rs.1,00,000/- to be paid by the CID, Bengaluru to be paid to the petitioner within a period of four weeks from today," further read the judgment.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/cbi-investigation-190296.pdf

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