Abcd vs Union Of India

3. On or about 03.06.2018, FIR No.256 of 2018 was filed by the mother of Respondent No.7 submitting that the petitioner and her family members had been pressurising the family of Respondent No.7 to pay to them a sum of Rs.15 lakhs failing which they were threatened with filing of cases with allegations of rape and other criminal cases against Respondent No.7. It was alleged that succumbing to the pressure so exerted, a sum of Rs.5 lakhs was paid to the brother of the petitioner on 04.02.2018 and the rest of the amount was to be paid within three months. FIR, thus alleged commission of offences punishable under Sections 384, 389 read with 34 IPC2.

5. It was in the background of these two FIRs that this writ petition came to be filed submitting, inter alia that since the Respondent No.7 belonged to police service, there was apprehension that the investigation by Delhi Police into the FIR lodged by the petitioner may not be proper and fair. The petitioner also adverted to certain facets of the matter, namely, that the investigating agency had delayed the recording of the statement of the petitioner under Section 164 of the Code3; that no CCTV footage of Hotel Lalit were attempted to be obtained. In these circumstances it was prayed that the investigation be transferred from Delhi Police to an independent police agency. Further, the FIR lodged by the mother of Respondent No.7 was stated to be a deliberate attempt to rope in the petitioner and her family and it was prayed that the investigation into said FIR may also be entrusted to an independent agency. 3 Code of Criminal Procedure, 1973 Writ Petition (Criminal) Appeal No.191 of 2018 ABCD v. Union of India 5

6. On 19.06.2018 the investigation into FIR No.58 of 2018 was transferred to Crime Branch of Delhi Police and thereafter sometime in August 2018, the present writ petition came to be filed for the reliefs stated hereinabove.

Writ Petition (Criminal) Appeal No.191 of 2018 ABCD v. Union of India 13 However, the petitioner deliberately flared it up to show as if it was Respondent No.7 who was behind the incident.

Writ Petition (Criminal) Appeal No.191 of 2018 ABCD v. Union of India 14

(v) Soon after the petitioner was hit by a thela she had seen a car in the vicinity and therefore apprehended that it was an attempt on part of someone.

11. As regards the crime registered pursuant to FIR lodged by the mother of Respondent No.7, protection has been afforded to the petitioner Writ Petition (Criminal) Appeal No.191 of 2018 ABCD v. Union of India 16 and her family members and the application under Section 438 of the Code3 has also been dealt with. An application filed by the petitioner under Section 482 of the Code3 is presently pending with the High Court. It is, thus, clear that the petitioner has been invoking the processes of the court and adequate protection is being afforded to the petitioner and her family members. We, therefore, do not see any reason why the matter presently pending pursuant to the FIR lodged by the mother of Respondent No.7 be transferred and investigation be entrusted to any other agency.

12. In the aforesaid circumstances we do not see any reason why investigation into both the aforesaid FIRs, at this stage, be entrusted to any Central Investigating Agency. All that we can say at this juncture is that the charge-sheet filed in the crime registered pursuant to FIR lodged by the petitioner shall be considered by the concerned court on its own merits and in accordance with law.

13. In the end, we must observe that the matter was considered by this Court only from the standpoint of ensuring that there was fair investigation into the crime registered pursuant to FIR filed by the petitioner and any observation made by us or directions issued by us shall not be considered as Writ Petition (Criminal) Appeal No.191 of 2018 ABCD v. Union of India 17 reflection on merits of the matter or on the quality of investigation. The matter shall be considered on its own merits and in accordance with law.

17. In the circumstances a notice is required to be issued to the petitioner in suo motu exercise of power of this Court “why action in contempt be not initiated against her and why appropriate direction be not passed under Section 195(1)(a)(i) of the Code”3. The Registry is directed to register the matter as suo motu proceedings and send a copy of this Order to the Petitioner, who is directed to appear in-person before this Court on 14.01.2020.

18. With the aforesaid observations this writ petition stands disposed of.

December 10, 2019.