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1986 Supreme(SC) 286

SUPREME COURT OF INDIA
P.N. Bhagwati, CJI., Ranganath Misra, J.
Susie Tharu
Versus
State Of A.P.
Case No., 512 of 1985
Date of Decision, 9/1/86

Headnote:

Constitution of India,1950 - Case of alleged rape - Order made by us central Bureau of Investigation carried out a detailed investigation and as a result of such investigation CBI has come to conclusion that allegation of rape on by Sub-Inspectors of Police of and other police constables is not established - In view of this report made by CBI court do not think we can take any further action in the matter – Held, Court must therefore close this case but since CBI has come to a finding that there were certain lapses on part of Civil Assistant Surgeon government Head Quarters Hospital Deputy Superintendent of Police in discharge of their duties court would direct that report of CBI may be sent to Chief secretary to government of Andhra Pradesh for taking such disciplinary action as may be thought fit against these two officers for lapses committed by them in discharge of their official duties as pointed out in report - Writ petition will stand disposed of

(1) WE directed by our order dated 20/12/1985 that CBI will investigate into the case of alleged rape of Sattamma by two police officers and four constables as alleged in the writ petition. Pursuant to the order made by us, the central Bureau of Investigation carried out a detailed investigation and as a result of such investigation, the CBI has come to the conclusion that the allegation of rape on Sattamma by the Sub-Inspectors of Police of Gambheeraopet and Mustabad and other police constables is not established. In view of this report made by CBI, we do not think we can take any further action in the matter. We must, therefore, close this case, but since the CBI has come to a finding that there were certain lapses on the part of Dr K. Swarna Kumari, Civil Assistant Surgeon, government Head Quarters Hospital, Karimnagar and Shri A. Buchi Reddy, Deputy Superintendent of Police, Peddapally in the discharge of their duties, we would direct that the report of the CBI may be sent to the Chief secretary to the government of Andhra Pradesh for taking such disciplinary action as may be thought fit against these two officers, namely, Dr K. Swarna Kumari and Shri A. Buchi Reddy for the lapses committed by them in the discharge of their official duties as pointed out in the report. The writ petition will stand disposed of accordingly.

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