2013 Supreme(SC) 522

IN THE SUPREME COURT OF INDIA
P. SATHASIVAM AND M.Y.EQBAL, JJ.
Doliben Kantilal Patel - Appellant(s)
Versus
State of Gujarat & Anr. - Respondent(s)
CRIMINAL APPEAL NO. 810 OF 2013 (Arising out of SLP (CRL.) No. 9256 of 2012
Decided on: 1-7-2013

IMPORTANT POINT
With regard to issuance of direction for investigation by CBI although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but such an order is not to be passed as a matter of routine or merely because a party has leveled 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 instill 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. Otherwise, the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.

Headnote:

(a) Constitution of India, 1950-Article 226- Criminal Procedure Code, 1973- Section 156(3)-The appellant an American citizen of Indian origin filed writ petition under Article 226 of the Constitution and prayed for appropriate direction to the authorities concerned, viz., the Police Inspector Respondent No. 2 to register an FIR for the offence punishable under Sections 376, 114 and 120B of the IPC in connection with the written complaint given by her and, thereafter, to transfer the investigation of the said registered FIR to the CBI for further investigation- It was alleged that a criminal case CR No. 5/2012 under Sections 420, 406 and 120B IPC was registered against her- In connection with that case her arrest was made at midnight without the assistance of lady police personnel and during the period of police custody, she was raped by the Investigating Officer and other police personnel for which a complaint dated was made but no action was taken on the said complaint- The High Court found that after her arrest , she was produced before the Magistrate but at no point of time, no complaint about harassment or alleged offence of rape was made to the judicial officer- She had not disclosed the same to anyone including her mother, judicial officer or even to the doctors who have examined her- In view of the petitioner’s conduct of not complaining to any one about the alleged commission of rape on her, the High Court dismissed the writ petition and directed the appellant to avail the remedy provided under the Cr. P. Code before the Magistrate- In present appeal before the Supreme Court, the Court dismissed the appeal and held that the High Court was fully justified in directing the appellant to avail the recourse to the remedy as provided in the Code by filing a complaint before the Magistrate- The Supreme Court observed that the appellant had various opportunities of disclosing her grievance including the alleged offence of rape to various persons, viz., her mother, female medical officers and judicial Magistrate, admittedly, such remedy was not availed by her. (Para 7 to 10).

(b) Constitution of India,1950- Article 226 - Investigation by CBI- There are certain self-imposed limitations on the exercise of such constitutional powers- Although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but such an order is not to be passed as a matter of routine or merely because a party has leveled 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 instill 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- Otherwise, the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations. (Para 11)