Allahabad HC Rejects CBI Probe Plea in Akanksha Dubey Death Case
Allahabad High Court dismisses petition for a CBI probe into Bhojpuri actress Akanksha Dubey's death, citing lack of protest petition against charge sheet.
The Allahabad High Court has dismissed a petition seeking a Central Bureau of Investigation (CBI) inquiry and a fair probe into the death of Bhojpuri actress Akanksha Dubey. The court's decision comes after the bench observed that the claims of murder were legally unsubstantiated given the current legal proceedings.
Court Questions Basis for Murder Allegation
A division bench comprising Justice Rajiv Mishra and Justice Dr. Ajay Kumar II delivered the order while hearing a petition filed by Madhu Dubey, the mother of the deceased actress. The petition sought a deeper investigation into the circumstances surrounding the death, which is currently registered at the Sarnath police station in Varanasi.
The court noted that the police had already filed a charge sheet under Section 306 of the Indian Penal Code (IPC), which pertains to abetment to suicide. Crucially, the bench pointed out that the petitioner had not filed a protest petition challenging the charge sheet or the manner of the investigation before the competent magistrate.
Arguments Presented by the Petitioner
Advocate Saurabh Tiwari, representing the actress's mother, presented several points to argue that the death was a murder rather than a suicide:
- Physical Evidence: The counsel cited photographs showing the deceased in a sitting position on a bed with her left foot touching the ground, suggesting a struggle or unnatural positioning.
- Injuries: The presence of injuries on the actress's wrist was highlighted as a sign of foul play.
- DNA Evidence: The petitioner claimed that spermatozoa were recovered from the body and clothing, and that a Forensic Science Laboratory (FSL) DNA report matched a man allegedly involved in the crime.
- Police Complicity: It was alleged that the then Station House Officer (SHO) deliberately concealed the DNA-matching information in the counter-affidavit filed before the High Court.
Legal Hurdles and Court Observations
Despite the serious allegations of police misconduct and the presence of DNA evidence, the court focused on the procedural requirements of the law. The bench questioned whether any application had been submitted to the District Magistrate to re-examine the post-mortem report or if a protest petition had been filed to challenge the police's findings, as per the Supreme Court's precedent in Bhagwant Singh vs Commissioner of Police.
The petitioner's counsel admitted that no such legal challenges had been filed against the charge sheet. Consequently, the court observed that the argument for murder was "baseless" in light of the existing legal filings. The bench further clarified that without the deceased's body, a re-investigation into the specific manner of death could not be undertaken.
The High Court has disposed of the petition and directed that the order be recorded.