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2023 Supreme(SC) 407
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., PAMIDIGHANTAM SRI NARASIMHA, J.
Suneetha Narreddy – Appellant
Versus
Y.S. Avinash Reddy and Another – Respondents
Criminal Appeal No. 1251 of 2023, SLP (Crl) No. 5198 of 2023
Decided On : 24-04-2023
Advocate Appeared:
For the Petitioners: Sidharth Luthra, Jesal Wahi, Anmol Kheta, Kumar Kashyap.
For the Respondents: Mukul Rohatgi, Ranjit Kumar, Mukund P. Unny, Siddhartha Sarma, Tushar Mehta.
IMPORTANT POINT
Crime investigation – There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in conspiracy should be in printed or written form.
Headnote:
Criminal Procedure Code, 1973 – Section 173 – Crime investigation – There is absolutely no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in conspiracy should be in printed or written form – Similarly, it is wholly inappropriate for High Court to observe that questionnaire may also be handed over to respondent – Order of this nature would stultify investigation – Such orders of High Court are liable to gravely prejudice course of investigation – Particularly at this stage when CBI is to fully investigate crime and role of several accused who do not form a part of charge-sheet as submitted, directions issued by High Court were unwarranted – Impugned order of High Court set aside – Appeal allowed. (Paras 30 and 31)
Facts of the case:
Present appeal arises from an order dated 18 April 2023 of a single Judge of the High Court for the State of Telangana in Criminal Petition No 3798 of 2023. High Court was moved with an application for the grant of Anticipatory bail to the first respondent under Section 438 of the Code of Criminal Procedure 1973 in connection with RC.
Findings of Court:
Since the application for anticipatory bail before the High Court is pending consideration, observations in this order shall not come in way of the High Court evaluating the application.
Result : Appeal allowed.
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
1. Leave granted.
2. The appeal arises from an order dated 18 April 2023 of a single Judge of the High Court for the State of Telangana in Criminal Petition No. 3798 of 2023. The High Court was moved with an application for the grant of Anticipatory bail to the first respondent under Section 438 of the Code of Criminal Procedure 19731 [“Cr.P.C.”] in connection with RC-04(S)/2020/SC-III/ND.
3. The deceased, Y.S. Vivekananda Reddy, was found to have been murdered at his house at Pulivendula, Kadapa District of Andhra Pradesh on the night intervening 14/15 March 2019. The deceased was the brother of Shri Y.S. Rajasekhara Reddy, former Chief Minister of the undivided State of Andhra Pradesh.
4. A complaint was lodged by M.V. Krishna Reddy at 8.00 am on 15 March 2019 at Pulivendula Urban Police Station which resulted in the registration of Crime No. 84/2019.
5. A Special Investigating Team was constituted by the Director General of Police headed by the Additional Director General of Police (CID). The Special Investigating Team was reconstituted on 13 June 2019 and 10 October 2019.
6. The appellant is the daughter of the deceased. The appellant instituted a petition before the High Court seeking a transfer of the investigation to the Central Bureau of Investigation.2 [“CBI”]
7. On 11 March 2020, the High Court directed that the CBI shall conduct further investigation in C.R. No. 84/2019 of the Pulivendula Urban Police Station.
8. The CBI registered the crime as RC-04(S)/2020/SC-III/ND on 9 July 2020.
9. On 21 October 2021, the CBI submitted a charge sheet before the court of the Judicial Magistrate, First Class, Pulivendula naming four persons, namely, Yerra Gangi Reddy (Al), Yadati Sunil Yadav (A2), Gajjala Uma Shankar Reddy (A3) and Shaik Dastagiri (A4) for commission of offences punishable under Sections 302 and 120-B of the Indian Penal Code 1860.
10. The charge-sheet submitted by the CBI named among others, the first respondent, his father and two other persons as suspects in the conspiracy to commit the murder of the deceased.
11. On 17 November 2021, the CBI arrested D. Siva Shankar Reddy.
12. On 31 January 2022, the CBI filed a supplementary charge sheet naming D. Siva Shankar Reddy as A5.
13. Apprehending that there was a serious danger to the life of the witnesses and that false complaints were being filed against the officers of the CBI, the appellant and her mother moved this Court seeking directions for the transfer of the trial from the CBI Special Court Kadapa, Andhra Pradesh to the CBI Special Court in Hyderabad or Delhi and for a direction to the CBI to conclude the investigation in a time bound manner.
14. By an order dated 29 November 2022, this Court has transferred the trial from Kadapa in Andhra Pradesh to Hyderabad.
15. In the meantime, the CBI issued summons to the first respondent to appear before it on 23 January 2023. A fresh notice was issued to the first respondent to appear on 16 February 2023 and again on 6 March 2023. The first respondent has appeared before the CBI on several occasions.
16. The first respondent instituted a Writ Petition before the High Court. On 10 March 2023, the High Court directed the CBI to produce the entire record before it and directed it not to take any coercive steps against the first respondent, while ordering him to appear before the Investigating Officer on 14 March 2023.
17. On 13 March 2023, the High Court reserved orders. On 17 March 2023, the High Court disposed of I.A. Nos. 1 and 2 in the Writ Petition holding that it was not inclined to stay the examination of the first respondent under Section 161 of the Cr.P.C. While vacating the interim order, the High Court, however, directed that the first respondent shall be examined within the sight of his advocate.
18. On 14 April 2023, the CBI arrested Gajjala Uday Kumar Reddy.
19. On 15 April 2023, the father of the first respondent was arrested by the CBI.
20. On 16 April 2023, the CBI served a not
