Supreme Court orders CBI enquiry into the death of Assistant District Prosecution Officer, Dantewada.

Judgment dated 6th September 2024

Cause title : MANDAKINI DIWAN AND ANR vs THE HIGH COURT OF CHHATTISGARH & ORS

Case No: SLP(CRL.) NO.12649 OF 2023

A Bench of Supreme Court Judges Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Prasanna Balachandra Varale directed Central Bureau of Investigation (CBI) 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 the Hon'ble Supreme Court. The Court further directed that 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 charge sheet, 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.

The Hon'ble Supreme Court held that:
"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 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 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."

Facts of the case are:

The respondent no.7 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.

On 12.05.2016, in the evening at about 10:30 PM the appellants who are mother and the brother of he 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.

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.

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 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.

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. 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 which was dismissed by the Hon'ble High Court with liberty to the petitioners therein to avail the appropriate remedy before the appropriate forum.

Download order dated 6th September 2024 in MANDAKINI DIWAN AND ANR vs THE HIGH COURT OF CHHATTISGARH & ORS, SLP(CRL.) NO.12649 OF 2023

 

Latest Supreme Court Judgments

Stamp Duty should be paid while registering Agreement to Sell which shows transfer of physical possession of property, Supreme Court, Appeal dismissed
Prosecution failed to place any evidence to prove suppression of material information, accused acquitted by the Supreme Court, in a case of holding a second passport
Supreme Court set aside the Judgment of High Court acquitting the accused who stored and watched child pornography on mobile phone.
Independent review by authority recommending and granting sanction are necessary aspects of compliance with Section 45 of the UAPA
Accused in a dowry death case acquitted by Supreme Court as necessary ingredients have not been proved beyond reasonable doubt .
Supreme Court granted bail Mr. Arvind Kejriwal in CBI case in connection with the alleged liquor excise policy case filed by CBI. Separate Judgment.
FIR against illegal sex determination test quashed by supreme court as there was nothing to connect the accused with the offence except search and seizure documents
Election Petition properly filed with particulars of corrupt practices require trial. Appeal against rejection of application under order VII Rule 11 dismissed by Supreme Court
High Court was not right in dismissing the writ petitions on the ground of delay and laches - Supreme Court
Resignation withdrawn before delayed acceptance. Supreme Court directed for reinstatement of employee.
Criminal Appeal allowed and detention order quashed by the Supreme Court on the ground of delay in deciding representation given by the accused to detaining authorities
Offer of Possession without completion certificate is not valid Supreme Court orders full refund of amount paid by consumer with 9% interest p.a. and Rs. 15 lakh compensation
Supreme Court orders complete and fair investigation by CBI into the death of Assistant District Prosecution Officer, Dantewada
Lawyer did not conduct proper cross-examination is no ground to recall witness under 311 CrPC, Supreme Court.

 

Supreme Court order dated 20.08.2024, in Kolkatta rape and murder case of doctor, to formulate protocols governing issues in the health care sector and protection of Doctors and Healthcare staff
Writ Petition has been filed in the Supreme Court seeking direction for ensuring protection for doctors and health care professionals, Improved working conditions and safety working environment