Ashok Kumar Todi Vs. Kishwar Jahan
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Head Note
Constitution of India, 1950 - Article 19 , The Special Marriage Act, 1954 - Section 15
Inter-religious marriage - Threats and harassment to couples - Police to institute criminal proceedings against anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation - A person has freedom and right to marry person of one's choice outside one's caste - Police officials are bound to prevent others who interfere in their married life.
Constitution of India, 1950 - Article 19
Delhi Special Police Establishment Act, 1946, Sections 5 and 6 - Inter-religious marriage between a Muslim boy and Hindu Girl out of love - Both were majors - Harassments and threats to couple - Police to institute Criminal proceedings against such persons - A person has freedom and right to marry a person of his choice.
The Code of Criminal Procedure, 1973 - Section 173
Criminal offence investigated by C.B.I. - On completion of the investigation, the report has to be filed by the CBI in the manner provided in Section 173(2) of the Code - Though the investigation was conducted by the CBI, the provisions under Chapter XII of the Code would apply to such investigation - The police referred to in the Chapter, for the purpose of investigation, would apply to the officer/officers of the Delhi Police Establishment.
The Code of Criminal Procedure, 1973 - Section 173
Delhi Special Police Establishment Act, 1946 - Sections 5 and 6 - Death of a person under suspicious circumstances - C.I.D. conducting investigation - A complaint made to High Court that C.I.D. was not taking any interest in the investigation and high Police Officers had unauthorizedly intervened in the matter - Investigation given to C.B.I..
The Code of Criminal Procedure, 1973 - Section 174 , Section 175
High Court can direct investigation by C.B.I. and submit charge-sheet - Inter religious marriage - Marriage duly registered - Police intervened and handed over the custody of girl to her maternal uncle - After about 14 days dead body of boy found on railway tracks with injuries and with head smashed - Matter with regard to unnatural death under investigation by C.I.D. - Writ filed mother and brother of deceased that they did not expect from C.I.D. - High Court directing the C.B.I. to investigate - C.B.I. recording FIR - It is justified.
The Code of Criminal Procedure, 1973 - Section 2
If it is a cognizable offence, the officer-in-charge of the police station, to whom the information is supplied orally has a statutory duty to reduce it to writing and get the signature of the informant - He shall enter the substance of the information, whether given in writing or reduced to writing as aforesaid, in a book prescribed by the State in that behalf.
Topic(s)-Inter-religious marriage ,
Important Decision(s)- Death suspicious circumstances - Investigation given to C.B.I..