PRAYAGRAJ
The Allahabad High Court rejected the petition filed by the accused husband seeking impartial investigation of the dowry death case, saying that the court cannot exercise its inherent powers to consider social media posts.
The division bench comprising Mr Justice VK Birla and Mr Justice Vinod Diwakar while hearing the petition filed by Mainpuri resident Abhay Gupta demanding impartial investigation into the FIR of dowry death lodged in the case of his wife’s death.
According to prosecution the petitioner resident of Kurawali police station of Mainpuri, was married to Harshita on 1 December 2020. The dead body of the petitioner’s wife was found hanging. After this, Harshita’s brother lodged an FIR against Harshita’s husband Abhay Gupta, father-in-law Satish Chandra, mother-in-law Manju, brother-in-law Gaurav, sister-in-law Stuti Nidhi, brother-in-law Ajay, sister-in-law and Nandoi on charges of dowry death. After investigation, the police has filed a charge sheet against everyone.
Not satisfied by the charge sheet filed by the police, the husband had filed a petition demanding an impartial investigation into the case.The court further held that it is true that impartial investigation is the basic right of the parties and for this the court can use its inherent powers, but for that the party will have to present concrete evidence against the investigating agency before the court. Apart from this, the High Court cannot use its inherent powers to consider social media posts. The court rejected the petition.
