Sujatha Ravi Kiran vs State Of Kerala And Ors

2. The petitioner got married to Lt. Ravi Kiran Kabdula on 09.03.2012 as per Hindu rites and customs. Petitioner's husband Lt. Ravi Kiran Kabdula is a naval officer who was then posted at Kochi, Kerala. After marriage, the petitioner was residing with her husband at Kochi. As brought on record, the relationship between the petitioner and her husband was not very cordial. On 22.02.2013, the petitioner gave an oral complaint that her husband was withholding her identity card, laptop, mobile phone, original marriage certificate etc. The respondent was called to the police station and directed to handover the belongings to the petitioner. On 04.04.2013, the petitioner lodged a complaint against her husband, her parents-in-law and sister-in-law alleging that they have subjected her to physical and mental cruelty. The petitioner had also levelled charge of sexual abuse against five naval officers and wife of one of the naval officers. Based on her complaint, a case was registered in FIR No.260 of 2013 for the offences punishable under Sections 498-A, 354, 506 (Part-I) IPC read with Section 34 IPC against the petitioner's husband Lt. Ravi Kiran Kabdula, her parents-in-law, sister-in-law and the said five naval officers and wife of one of them. In the complaint lodged subsequently, the petitioner had made allegations of wife-swapping and also implicated new names. Investigation in the said case is pending with Harbour Police Station, Kochi, Kerala.

11. Considering the facts and circumstances of the case in hand, in the light of the above principles, we are of the view that the case in hand does not entail a direction for transferring the investigation from the state police/special team of State Police Officers to C.B.I. The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by the state police. However, having regard to the nature of allegations levelled by the petitioner, we deem it appropriate to direct the State of Kerala to constitute a special team of police officers headed by an officer not below the rank of Deputy Inspector General of Police to investigate the matter.

12. In the result, the Writ Petition (Criminal) No. 164 of 2013 is disposed of with direction to the Director General of Police, Kerala to constitute a special investigation team headed by a police officer not below the rank of Deputy Inspector General of Police to take up further investigation in FIR No.260 of 2013. The special investigation team shall take up further investigation in accordance with law and complete the investigation at an early date preferably within a period of three months from today. We request the High Court to take up the Criminal M.C. Nos.2551 of 2013 and 2424 of 2013 after the special investigation team completes the investigation.

13. The Transfer Petitions (Criminal) Nos. 351 of 2013 and 384 of 2013 are dismissed. This order, however, shall not prevent the petitioner from seeking transfer of Divorce Petition filed by the husband if she is so advised. We make it clear that we have not expressed any opinion on the merits of the matter.

….……...................CJI.