Summary
The Court declined to transfer investigation of a sexual-offence FIR and a counter-FIR to a central agency after reviewing investigative steps and available judicial protection. It left the criminal matters for independent consideration on their merits. Separately, apparent untruthfulness in a sworn account of a later road incident prompted notice for possible contempt and statutory action, without a final finding of liability.
Issues
- Whether investigation of either FIR required transfer to a central investigating agency.
- What response was required to the petitioner’s prima facie inaccurate sworn account of a separate road incident.
Held
- The mobile phones had been secured and examined, available cloud data retrieved and a charge-sheet filed. No substantial omission warranting further intervention or transfer was shown. Any retained audio or video material could be supplied to the SIT within two days for consideration in its contemplated supplementary charge-sheet. (¶ 10)
- The petitioner and family had obtained protection and pursued remedies concerning the counter-FIR, including a pending quashing application. No reason was established to transfer that investigation either. The criminal court must consider the charge-sheet on its own merits. (¶¶ 11, 12)
- The Court’s review concerned ensuring fair investigation; its observations and directions were not a reflection on the merits or quality of investigation and must not influence independent adjudication. (¶ 13)
- The separate road-incident account alleged a car collision, while the material showed contact with a handcart. This prima facie discrepancy in sworn statements warranted notice as to possible contempt and an appropriate direction under Section 195(1)(a)(i), rather than immediate punishment. (¶¶ 14, 15, 16, 17)
Result
Writ petition disposed of; transfer of either investigation declined. The petitioner could submit retained recordings to the SIT within two days. Separate suo motu proceedings were directed, with notice concerning possible contempt and Section 195 action and personal appearance on 14 January 2020. Criminal merits remained open.