The Central Bureau of Investigation on Wednesday moved the Supreme Court challenging the Calcutta high court order asking it to launch a fresh probe and register a murder case in the death of computer graphics teacher Rizwanur Rahman, who was found dead near a railway track.
The agency said a fresh probe was not required in the case as it had earlier conducted the detailed probe and arrived at the conclusion that the offence was made for abetment of suicide against industrialist Ashok Todi and his relatives.
The agency has appealed against the May 18 order of the division bench of the HC which had set aside the single bench decision directing CBI probe into the case.
Ashok Todi had on May 28 moved the Supreme Court challenging the Calcutta high court's order directing the CBI to conduct a fresh probe into the death of Rizwanur.
The division bench of the Calcutta HC had on May 18 directed the CBI to treat as an FIR the complaint filed by Rukbanur Rahman, elder brother of Rizwanur, on September 21, 2007.
The bench had observed that Justice Soumitra Pal in his earlier order had only directed the CBI to investigate the cause of the death and file a report to it and had not authorised the agency to investigate the alleged crime.
The CBI had then in its report concluded that Rizwanur's death was a case of suicide and recommended initiation of an abetment to suicide case under Section 306 of the IPC.
Rizwanur was found dead near railway tracks in Dumdum area of Kolkata on September 21, 2007, just a month after his marriage on August 18, 2007, to Priyanka Todi, daughter of industrialist Ashok Todi.
Ashok Todi, owner of the Rs 200-crore Lux Cozi hosiery brand, his brother Pradip and brother in-law Anil Sarogi are accused in the case along with senior IPS officers then serving in the Kolkata police.
The GRP was first entrusted with the investigations following which the state government ordered a CID probe.
After this, the state instituted a judicial probe by a retired high court judge, which was withdrawn after the CBI probe was ordered by the Calcutta high court on October 16, 2007.