Summary
A woman's death in 2016 was treated by the police as suicide despite six ante-mortem injuries recorded in the post-mortem. Her mother and brother alleged that her husband, a senior judicial officer, had influenced the police. The Supreme Court set aside the High Court's order relegating them to a Magistrate under Section 156(3) CrPC and directed the CBI to investigate, to ensure a fair investigation and confidence in it.
Issues
- Whether the High Court was right to dismiss the writ petition seeking registration of an FIR and an independent investigation on the ground that the appellants had an alternative remedy under Section 156(3) CrPC.
- Whether the facts justified directing the CBI to investigate the death, given the allegations of influence by the deceased's husband, a senior judicial officer, and the unexplained ante-mortem injuries.
Provisions considered
- Section 156(3), Code of Criminal Procedure, 1973The High Court had dismissed the writ petition because a remedy under Section 156(3) before the Magistrate was available. The appellants argued that the Magistrate would be subordinate to the officer they accused. The Supreme Court set that order aside and directed a CBI investigation instead. (¶¶ 4.8, 5, 8, 15)
Held
- The power to direct a CBI investigation must be used sparingly, cautiously and not as a matter of routine. It may be exercised where it is needed to give credibility to and instil confidence in an investigation, or to do complete justice and enforce the fundamental right to a fair investigation. The Court relied on Awungshi Chirmayo v. Government of NCT of Delhi and the cases cited there. (¶¶ 13, 14)
- The appellants alleged bias and undue influence over the State police by the deceased's husband, a senior judicial officer, and a thorough and independent investigation was needed, especially into the ante-mortem injuries. A CBI investigation was warranted to dispel their apprehensions and secure a fair investigation. (¶¶ 12, 14)
- The Court deliberately did not examine the detailed facts or make any observation on the merits, so as not to influence the investigation. (¶¶ 3, 16)
Result
Appeal allowed and the High Court's order set aside. The CBI was directed to conduct a complete and fair investigation expeditiously and report to the Supreme Court; it may register an FIR if needed, or close the proceedings if the material is insufficient for a chargesheet. The State was directed to cooperate fully.