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SUPREME COURT OF INDIA
UDAY UMESH LALIT, INDU MALHOTRA, JJ.
ABCD – Petitioner
Versus
Union of India & Ors – Respondents
Writ Petition (Criminal) No.191 of 2018
Decided On : 10-12-2019
(A) Criminal Procedure Code, 1973 – Section 173 – Constitution of India – Article 32 – Writ petition seeking fair investigation into allegations of deceitful sexual intercourse against respondent-Police Officer – Respondent-Police Officer facing criminal prosecution under Sections 376,328,506 and 509, IPC – Investigation into crime registered pursuant to FIR lodged by petitioner was conducted by a Special Investigation Team headed by ACP and charge-sheet has been filed – Apprehension that was expressed at some stage that mobile phones belonging to Respondent were not being taken in custody, was dealt with by this Court and it was ensured that said mobiles would be in custody of investigating agency – Respondent did extend cooperation in ensuring that data could be retrieved – There is nothing substantial which could either show that investigation was not well directed or had failed to look into a particular direction – Nothing further is required to be done – If any video or audio recordings are still being retained by petitioner, they may be handed over to Special Investigation Team within two days from today – It is left to Special Investigation Team to consider whether that parts needs to be dealt with in supplementary charge-sheet which is contemplated to be filed – Petitioner has been invoking processes of court and adequate protection is being afforded to petitioner and her family members – No reason why investigation into both FIRs, at this stage, be entrusted to any Central Investigating Agency – Charge-sheet filed in crime registered pursuant to FIR lodged by petitioner shall be considered by concerned court on its own merits and in accordance with law. (Paras 10, 11 and 12)
(B) Criminal Procedure Code, 1973 – Section 195(1)(b)(i) – Indian Penal Code, 1860 – Sections 181 and 182 – Making a false statement on oath – Making a false statement on oath is an offence punishable under Section 181 of IPC while furnishing false information with intent to cause public servant to use his lawful power to injury of another person is punishable under Section 182 of IPC – These offences by virtue of Section 195(1)(a)(i) of Code can be taken cognizance of by any court only upon a proper complaint in writing as stated in said Section – Notice is required to be issued to petitioner in suo motu exercise of power of this Court why action in contempt be not initiated against her and why appropriate direction be not passed under Section 195(1)(a)(i) of Code. (Paras 15 and 17 )
Facts of the case:
Writ petition seeking fair investigation into allegations of deceitful sexual intercourse against respondent-Police Officer. Counter-case was lodges by respondent-Police Officer against petitioner and her family members. Protection under Section 438 of Code was granted to present petitioner and her family members which protection is still continuing and a petition under Section 482 of Code has also been filed by petitioner seeking quashing of said FIR No.256 of 2018, on which notice has been issued. There was definite apprehension that investigation into crime pursuant to FIR lodged by petitioner, would not be conducted in fair and transparent manner.
Findings of Court:
Making a false statement on oath is an offence punishable under Section 181 of IPC while furnishing false information with intent to cause public servant to use his lawful power to injury of another person is punishable under Section 182 of IPC. These offences by virtue of Section 195(1)(a)(i) of Code can be taken cognizance of by any court only upon a proper complaint in writing as stated in said Section.
Result : Writ Petition disposed of with observations.
ORDER :
UDAY UMESH LALIT, J.
1. This writ petition has been filed by the petitioner[In terms of Section 228A of the Indian Penal Code, 1860, the Identity of the Petitioner is not being disclosed] above-named seeking following directions:
“I. Writ of Mandamus to the extent that the investigation arising out of FIR No.58/2018 U/S 376, 328, 506 & 509 IPC 1860, be transferred from Delhi Police to an independent Central Agency.
II. Writ of Mandamus to State of West Bengal to suspend the accused (Respondent No.7) herein and initiate departmental proceedings against him and direct him not to influence the witness of this crime to ensure free and fair investigation.
III. Order the transfer of the investigation arising out of FIR No.256/2018 dated 03.06.2018 under Section 384, 389, 34 IPC registered at Basirhat PS, West Bengal to a Central Agency and till then stay the investigation.
IV. Direct the Investigating Agency to immediately collect Call Detail Records (CDR) of the mobile numbers and confiscate the two mobile phones of the accused and to retrieve the CCTV footage of Lalit Hotel on 27.01.2018 to 29.01.2018 of the lobby, restaurant and room number 2603 where the accused took the petitioner to commit the offence of rape.
V. Order protection to the petitioner and her family members.
VI. Any other order or directions to secure justice to the petitioner which this court may deem fit and proper.”
2. FIR No.58 of 2018 filed by the petitioner with Police Station Barakhambha Road, New Delhi alleged:
That the petitioner and Respondent No.7 herein (an IPS Officer) became friends through exchanges on Facebook and started meeting each other. There were talks of marriage. On 28.01.2018, Respondent No.7 had come to Delhi and was putting up at Hotel Lalit. After having spent the entire day with Respondent No.7, the petitioner went to the room of Respondent No.7 where he offered some chocolates to her. She fell quite dizzy after she had the chocolates. Taking advantage of her situation Respondent No.7 made physical advances and had sexual intercourse with her. Thereafter for some time, there were discussions between the families to carry forward their relationship to the next level of marriage but Respondent No.7 abruptly told the petitioner on 10.02.2018 that there could be no relationship between them. Alleging that Respondent No.7 had taken undue advantage of her situation and had forcible intercourse with her on 28.01.2018 said FIR was filed on 26.05.2018.
3. On or about 03.06.2018, FIR No.256 of 2018 was filed by the mother of Respondent No.7 submitting that the petitioner and her family members had been pressurising the family of Respondent No.7 to pay to them a sum of Rs.15 lakhs failing which they were threatened with filing of cases with allegations of rape and other criminal cases against Respondent No.7. It was alleged that succumbing to the pressure so exerted, a sum of Rs.5 lakhs was paid to the brother of the petitioner on 04.02.2018 and the rest of the amount was to be paid within three months. FIR, thus alleged commission of offences punishable under Sections 384, 389 read with 34 IPC[Indian Penal Code, 1860].
4. It must be stated that protection under Section 438 of the Code[Code of Criminal Procedure, 1973] was granted to the present petitioner and her family members which protection is still continuing and a petition under Section 482 of the Code[Code of Criminal Procedure, 1973] has also been filed by the petitioner seeking quashing of said FIR No.256 of 2018, on which notice has been issued.
5. It was in the background of these two FIRs that this writ petition came to be filed submitting, inter alia that since the Respondent No.7 belonged to police service, there was apprehension that the investigation by Delhi Police into the FIR lodged by the petitioner may not be proper and fair. The petitioner also adverted to certain facets of the matter, namely, that the investigating agency had delayed the recording of the statement of the
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