The Rajasthan High Court has refused to quash criminal proceedings against a man accused in a dowry death case, holding that a Superintendent of Police (SP) is empowered to direct further investigation before a final police report or charge-sheet is submitted before the trial court.
Justice Anoop Kumar Dhand passed the order while dismissing a criminal miscellaneous petition filed by Taimoor, who sought quashing of FIR No. 30/2019 registered at Malakhera Police Station in Alwar district under Sections 498A and 304B of the Indian Penal Code.
Background Of The Case
According to the case record, the FIR was lodged on January 14, 2019, following the death of a woman named Rihana within seven years of marriage. The complainant alleged harassment and cruelty over dowry demands against multiple family members, including the petitioner.
The petitioner argued before the High Court that during the initial investigation, statements of several witnesses only pointed towards the husband and mother-in-law of the deceased. He claimed no specific allegations were made against him and contended that the police later conducted a “re-investigation” in the guise of further investigation.
His counsel also questioned the authority of the Superintendent of Police to order further investigation, arguing that such powers rest only with the court.
The State and the complainant opposed the petition, maintaining that the earlier investigation was not conducted fairly. They told the court that the SP had directed the Additional SP to conduct further investigation because the initial probe was found unsatisfactory.
The prosecution further argued that material collected during the subsequent investigation disclosed a prima facie case against the petitioner and therefore the investigation against him remained pending under Section 173(8) CrPC.
The High Court examined the scheme of the Criminal Procedure Code relating to police investigation and the powers of superior police officers. The court noted that Section 36 CrPC permits superior police officers to exercise powers of the officer in charge of a police station.
Justice Dhand observed that fair investigation is part of the constitutional guarantee under Article 21.
“The right to a fair investigation is not only a constitutional right but also a natural right as well,” the court observed while referring to earlier judicial precedents.
The bench further held that a superior police officer can direct further investigation before submission of the charge-sheet.
“Hence, it is clear that a superior Police Officer had the authority to direct further investigation in the matter,” the court stated.
The High Court also clarified that prior permission from the court is not necessary for such further investigation if the original charge-sheet has not yet been filed.
After considering the record, the High Court held that no illegality had been committed by the SP, Alwar, in directing further investigation through the Additional SP.
Finding no merit in the plea seeking quashing of the FIR, the court dismissed the petition. However, it granted liberty to the petitioner to submit a representation before the Additional SP, Alwar (Rural), who was directed to ensure a fair and impartial investigation in accordance with law.
Case Details:
Case Title: Taimoor v. State of Rajasthan
Case Number: S.B. Criminal Miscellaneous Petition No. 2809/2019
Judge: Justice Anoop Kumar Dhand
Decision Date: May 25, 2026
