Supreme Court of India
Mandakini Diwan vs The High Court Of Chhattisgarh on 6 September, 2024
Author: Vikram Nath
Bench: Vikram Nath
2024 INSC 666
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO………………….OF 2024
(ARISING OUT OF SLP(CRL.) NO.12649 OF 2023)
MANDAKINI DIWAN AND ANR. …APPELLANTS
VERSUS
THE HIGH COURT OF
CHHATTISGARH & ORS. …RESPONDENTS
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. This appeal assails the correctness of the order
dated 10.05.2023 passed by the Division Bench of
High Court of Chhattisgarh in W.P.Cr. No.197 of
2016 titled as Mandakini Diwan & Anr. vs. High
Court of Chhattisgarh and seven others whereby
Signature Not Verified
the writ petition was dismissed with liberty to the
Digitally signed by
Neetu Khajuria
Date: 2024.09.07
16:57:56 IST
Reason:
SLP(CRL.) NO.12649 OF 2023 Page 1 of 17
petitioners therein (appellants herein) to avail the
appropriate remedy before the appropriate forum.
3. Before referring to the facts we wish to make it clear
that we are not entering into the detailed facts and
submissions as advanced by the parties because
any observation made by us on such submissions
and detailed facts may result into influencing a fair
investigation which we are inclined to direct in the
present case by an independent agency.
4. The facts giving rise to the present appeal are:
4.1. The respondent no.7 had applied in the Higher
Judicial Services of the State of Chhattisgarh
against the advertisement issued in the year 2012.
Pursuant to which he was selected and appointed
in June 2013 as Addl.District Judge, Geedam at
Dantewada. Respondent no.7 got married to the
deceased on 15.02.2014. However, they had known
each other since 2010. The deceased was working
as Asstt. District Prosecution Officer. At the
relevant time they were posted at Dantewada.
4.2. On 12.05.2016, in the evening at about 10:30 PM
the appellants who are mother and the brother of
SLP(CRL.) NO.12649 OF 2023 Page 2 of 17
the deceased received a phone call that Ms.
Ranjana Diwan had committed suicide.
Immediately they rushed from Bilaspur to
Dantewada and tried to figure out as to what had
happened. According to the appellants they were
not provided with the post mortem report.
4.3. It is the case of the appellants that there was
something fishy in the death of Ms. Ranjana Diwan
and it was not a case of simple suicide. It was also
their apprehension that respondent no.7 having
sufficient influence being a senior judicial officer
had managed the post mortem in which the cause
of death was shown to be suicide by hanging.
4.4. The post-mortem report further indicated that the
deceased had six ante-mortem injuries on her body.
The information of suicide was given to the
Dantewada Police Station, a Merg was registered
under section 174 of Code of Criminal Procedure,
19731. On 13.05.2016, the police made recoveries,
the copy of which is filed as Annexure -P/2. The
1 CrPC
SLP(CRL.) NO.12649 OF 2023 Page 3 of 17
post mortem was conducted on 13.05.2016 at
06:30 PM. The cause of death was reported to be
asphyxia due to hanging. Further, six ante mortem
injuries were reported which are as follows:
“Injuries:
1) A contusion present over back of right hand ~
3.5 cm x 3 cm bluish.
2) A contusion present over left ring finger over
proximal phalanx palmer aspect, ~ 1.5 cm x 1
cm, bluish.
3) A contusion present over right leg~ 3 cm below
knee~ 4 cm x 3.5 cm, bluish.
4) A contusion present over the left foot dorsal
aspect ~ 1.5 cm x 1.5 cm bluish.
5) A contusion present over left thigh ~ 17 cm
below groin, ~ 4 cm x 4.3 cm bluish.
6) Ligature mark: A brown parchment like hard
ligature mark present over neck above the
level of thyroid cartilage, obliquely extending
upward toward chin, from behind, grooved at
places. Maximum breadth ~ 4.5 cm on the
backside. Peeling of skin evident in marks at
places. Mark is situated 1.5 cm below tip of
chin, 5.5 cm below tip of left mastoid, & 4 cm
below tip of right mastoid, 10 cm below
occiput. Mark is faint for ~3 cm on the right
SLP(CRL.) NO.12649 OF 2023 Page 4 of 17
side. On dissection corresponding under the
surface of skin is glistering white. Hyoid bone
and thyroid cartilage intact.
All the injuries are ante mortem and are of
within 06 hours of death. Injury no.6 is
sufficient to cause instantaneous death in the
ordinary course of nature.
Metallic rings in each 2nd toe.”
4.5. According to the appellants, the Police filed the
closure report treating it to be a case of suicide. The
appellants repeatedly continued to represent to the
authorities for a fair investigation after registering
First Information Report. All the complaints made
by the appellants to the authorities did not result
in the registering of FIR against respondent no.7.
All the complaints though were inquired into but
were ultimately closed as a result of the influence
exerted by the respondent no.7. Till date, neither
FIR has been registered on the several complaints
made by the appellants nor a fair investigation has
been carried out in order to find out the truth.
SLP(CRL.) NO.12649 OF 2023 Page 5 of 17
4.6. Left with no alternative, the appellants filed writ
petition under Article 226 of the Constitution of
India registered as W.P. Crl. No.197 of 2016 praying
for the following reliefs:
“10.1 That, this Hon’ble Court may be kind
enough in issuing a writ in the nature of
mandamus, certiorari of likewise any other
appropriate writ commanding and directing
the respondents to produce all the records
related with the case of the petitioners for just
and proper decision of this case.
10.2 That, this Hon’ble Court may be kind
enough in issuing a writ in the nature of
mandamus, certiorari or likewise any other
appropriate writ, commanding and directing
the respondent No. 8 to lodge a separate FIR
or to take investigation of merg No. 24/16 of
the Police Station, Geedam, District
Dantewada and after due investigation the
report may kindly be submitted before the
Hon’ble Court.
10.3 That, this’ Hon’ble Court may be kind
enough to issuing a writ in the nature of
mandamus, certiorari or likewise any other
appropriate writ, commanding and· directing
respondents No.2 to 6 to hand over all the
records related with the case of death of
deceased Ranjana Diwan, wife of Manvendra
Singh, the respondent No. 7 for just and
proper investigation, enquiry into the matter.
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10.4 That, this Hon’ble Court may be kind
enough in issuing a writ in the nature of
mandamus, certiorari or likewise any other
appropriate writ, commanding and directing
the respondent No. 1 to keep the respondent
No. 7 out of the job till the final decision of the
case so that there may be no influence In the
investigation by the respondent No. 7.
10. 5 Any other relief, which the Hon’ble
Court deems fit and proper looking to the facts
and circumstances of the case, may also be
granted.”4.7. In the petition before the High Court, respondent
no.1 is the High Court of Chhattisgarh, respondent
no.2 is State of Chhattisgarh through Secretary,
Department of Home, respondent no.3 is the
Director General of Police, respondent no.4 is
Inspector General of Police Headquarters,
respondent no.5 is Superintendent of Police,
Dantewada, respondent no.6 is Station House
Officer, Police Station Geedam, District Dantewada,
respondent no.7 is the husband of the deceased
and respondent no.8 is the Central Bureau of
Investigation.
SLP(CRL.) NO.12649 OF 2023 Page 7 of 17
4.8. The said petition remained pending for about seven
years. By the impugned order the High Court has
dismissed the said petition. According to the High
Court the appellants had adequate statutory
remedy available under section 156(3) of the Cr.P.C.
by approaching the Magistrate concerned.
5. The submissions advanced by the counsel for the
appellants is that it is true that appellant had a
remedy of filing a complaint under section 156(3)
Cr.P.C. but considering the fact that the respondent
no.7 is senior judicial officer and had already
exercised his influence on the administration in
ensuring that FIR is not registered and no free and
fair investigation be carried out, they had little hope
rather no hope of getting any justice from the Court
of a Magistrate who would be an officer subordinate
to respondent no.7. It is for this reason that they
had approached the High Court under Article 226
of the Constitution of India.
SLP(CRL.) NO.12649 OF 2023 Page 8 of 17
6. Before us, detailed arguments have been advanced
by the appellants to show the high handedness of
the respondent no.7 in influencing the
administration in not registering the FIR despite
there being suspicious circumstances resulting in
the death of daughter of the appellant no.1 and
sister of appellant no.2, more particularly there
being no explanation for the six ante mortem
injuries. It was therefore submitted that this Court
may direct for an independent agency to investigate
into the matter.
7. On the other hand, learned counsel appearing for
State of Chhattisgarh submitted that detailed
inquiry was carried out and statements of more
than 50 witnesses were recorded; that every
complaint filed by the appellant was enquired into
at the highest level but when no evidence could be
found against respondent no.7, the complaints
were closed. It is also his submission that the
appellants are unnecessarily doubting the
credibility of the investigating agency of the State of
Chhattisgarh and it also amounts to putting a
SLP(CRL.) NO.12649 OF 2023 Page 9 of 17
blame not only on the respondent no.7 but also on
the entire police machinery of the State of
Chhattisgarh.
8. Learned counsel also referred to the details as to
how the complaints have been dealt with. It was
thus submitted that the appeal be dismissed and
the appellants be left at liberty to approach the
Magistrate under section 156(3) Cr.P.C.
9. Learned senior counsel appearing for the
respondent no.7 also had similar submissions as
were made on behalf of the State of Chhattisgarh.
In addition, it was submitted that respondent no.7
being a judicial officer having a good reputation is
being unnecessarily targeted by the appellants for
ulterior motives. A very thorough and fair inquiry
was carried out in which no complicity of the
respondent no.7 could be found.
10. It was further submitted that in all the enquiries
made, no incriminating material could be collected
against the respondent no.7 and as such the
complaints were rightly closed. By filing the writ
petition and the present appeal the only attempt of
SLP(CRL.) NO.12649 OF 2023 Page 10 of 17
the appellants is to somehow or the other not only
tarnish the image of the respondent no.7 but also
cause unnecessary harassment and jeopardize his
service. Further, a direction to appoint CBI to
investigate is also not warranted in the present case
and the appeal deserves to be dismissed.
11. Shri Tushar Mehta, learned Solicitor General
appearing for the CBI submitted that whatever
order the Court passes the same would be complied
with. He also suggested that the Court may
consider appointing a high-level Special
Investigation Team or in the alternative may direct
the CBI to investigate the matter as this will provide
credibility and instill confidence not only in the
aggrieved party but also in the society at large.
12. Considering the fact that the respondent no.7 is a
senior judicial officer any doubt or apprehension in
the minds of the appellants who have lost their
family member may be dispelled by the
investigation being carried out by CBI. This may
result into doing complete justice and enforcing the
fundamental right of getting a fair investigation.
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13. In the case of Awungshi Chirmayo vs.
Government of NCT of Delhi2 this Court directed
CBI to hold enquiry in the criminal matter related
to murder of two cousins due to certain puzzling
facts including inconclusive post mortem report. It
held as follows:
“13. In a seminal judgment reported as
State of West Bengal v. Committee for
Protection of Democratic Rights, West
Bengal, (2010) 3 SCC 571, this Court has
discussed in detail inter alia the
circumstances under which the
Constitutional Courts would be
empowered to issue directions for CBI
enquiry to be made. This Court noted that
the power to transfer investigation should
be used sparingly, however, it could be
used for doing complete justice and
ensuring there is no violation of
fundamental rights. This is what the Court
said in Para 70:
“Insofar as the question of issuing a
direction to CBI to conduct
investigation in a case is concerned,
although no inflexible guidelines can
be laid down to decide whether or not
such power should be exercised but
time and again it has been reiterated
that such an order is not to be passed
as a matter of routine or merely
2 (2022) SCC Online SC 1452SLP(CRL.) NO.12649 OF 2023 Page 12 of 17
because a party has levelled some
allegations against the local police.
This extraordinary power must be
exercised sparingly, cautiously and in
exceptional situations where it
becomes necessary to provide
credibility and instil confidence in
investigations or where the incident
may have national and international
ramifications or where such an order
may be necessary for doing complete
justice and enforcing the fundamental
rights…”
14. The powers of this Court for directing
further investigation regardless of the
stage of investigation are extremely wide.
This can be done even if the chargesheet
has been submitted by the prosecuting
agency. In the case of Bharati Tamang v.
Union of India, (2013) 15 SCC 578, this
Court allowed the Writ Petition filed by the
widow of late Madan Tamang who was
killed during a political clash and directed
investigation by the CBI which would be
monitored by the Joint Director, CBI. The
following observations were made in Para
44:
“44. Whether it be due to political
rivalry or personal vengeance or for
that matter for any other motive a
murder takes place, it is the
responsibility of the police to come up
to the expectation of the public at
large and display that no stone willSLP(CRL.) NO.12649 OF 2023 Page 13 of 17
remain unturned to book the culprits
and bring them for trial for being dealt
with under the provisions of the
criminal law of prosecution. Any
slackness displayed in that process
will not be in the interest of public at
large and therefore as has been
pointed out by this Court in the
various decisions, which we have
referred to in the earlier paragraphs,
we find that it is our responsibility to
ensure that the prosecution agency is
reminded of its responsibility and
duties in the discharge of its functions
effectively and efficiently and ensure
that the criminal prosecution is
carried on effectively and the
perpetrators of crime are duly
punished by the appropriate court of
law.”
15. This Court has expressed its strong
views about the need of Courts to be alive
to genuine grievances brought before it by
ordinary citizens as has been held in
Zahira Habibulla H. Sheikh v. State of
Gujarat, (2004) 4 SCC 158.
16. It is to observe that unresolved crimes
tend to erode public trust in institutions
which have been established for
maintaining law and order. Criminal
investigation must be both fair and
effective. We say nothing on the fairness of
the investigation appears to us, but the
SLP(CRL.) NO.12649 OF 2023 Page 14 of 17
fact that it has been ineffective is self
evident. The kith and kin of the deceased
who live far away in Manipur have a real
logistical problem while approaching
authorities in Delhi, yet they have their
hope alive, and have shown trust and
confidence in this system. We are therefore
of the considered view that this case needs
to be handed over to CBI, for a proper
investigation and also to remove any
doubts in the minds of the appellants, and
to bring the real culprits to justice.
17. In view of the discussion made above,
the order of the Delhi High Court dated
18.05.2018, dismissing the prayer of the
present appellants to transfer the
investigation to CBI is hereby set aside.
The appeal is hereby allowed and we direct
that CBI to hold enquiry in the matter. The
case shall be transferred from SIT to the
CBI. The SIT, which has so far conducted
the investigation in the matter, will hand
over all the relevant papers and documents
to CBI for investigation. After a thorough
investigation, CBI will submit its complete
investigation report or charge sheet before
the concerned court as expeditiously as
possible.””
14. It is true that power to direct CBI to conduct
investigation is to be exercised sparingly and such
orders should not be passed in routine manner. In
SLP(CRL.) NO.12649 OF 2023 Page 15 of 17
the present case, the aggrieved party has raised
allegations of bias and undue influence on the
police machinery of the State of Chhattisgarh.
Coupled with the fact that the thorough, fair and
independent investigation needs to be carried out
to find out the truth about the whole incident and
in particular about the ante mortem injuries. We
are of the view that such a direction needs to be
issued in the present case.
15. We accordingly allow this appeal, set aside the
impugned order passed by the High Court and
further direct the CBI-respondent no.8 to carry out
complete and fair investigation and proceed in
accordance to law into the incident and that too
expeditiously considering the fact that the incident
is of 2016 and submit a report to this Court. If the
CBI finds that an FIR needs to be registered, it may
itself do so and proceed accordingly and bring such
complaint to a logical conclusion. However, if the
CBI comes to the conclusion that there is no
material which it could collect which is not
sufficient in ordinary course to submit a
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chargesheet, it would close the proceedings. The
State of Chhattisgarh is directed to extend all
cooperation to the CBI in conducting the
investigation and provide all necessary papers and
other strategic support to the CBI as may be
required.
16. We make it clear that we have not made any
observation on merit. However, still we clarify that
any observation made in this judgment will not
influence the investigation by the CBI. The appeal
is accordingly allowed.
…………………………………..J.
(VIKRAM NATH)
…………………………………..J.
(PRASANNA BHALACHANDRA VARALE)
NEW DELHI
SEPTEMBER 06, 2024
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