IMPORTANT POINT
Crime investigation – Suspicious death of wife of Judicial Officer – Power to direct CBI to conduct investigation is to be exercised sparingly and such orders should not be passed in routine manner – Such direction needs to be issued in present case.

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. This appeal assails the correctness of the order dated 10.05.2023 passed by the Division Bench of High Court of Chhattisgarh in W.P.Cr. No.197 of 2016 titled as Mandakini Diwan & Anr. vs. High Court of Chhattisgarh and seven others whereby the writ petition was dismissed with liberty to the petitioners therein (appellants herein) to avail the appropriate remedy before the appropriate forum.

3. Before referring to the facts we wish to make it clear that we are not entering into the detailed facts and submissions as advanced by the parties because any observation made by us on such submissions and detailed facts may result into influencing a fair investigation which we are inclined to direct in the present case by an independent agency.

4. The facts giving rise to the present appeal are:

4.1. The respondent no.7 had applied in the Higher Judicial Services of the State of Chhattisgarh against the advertisement issued in the year 2012. Pursuant to which he 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.

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

4.3. 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.

4.4. 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[CrPC]. 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 which are as follows:

“Injuries:

1) A contusion present over back of right hand ~ 3.5 cm x 3 cm bluish.

2) A contusion present over left ring finger over proximal phalanx palmer aspect, ~ 1.5 cm x 1 cm, bluish.

3) A contusion present over right leg~ 3 cm below knee~ 4 cm x 3.5 cm, bluish.

4) A contusion present over the left foot dorsal aspect ~ 1.5 cm x 1.5 cm bluish.

5) A contusion present over left thigh ~ 17 cm below groin, ~ 4 cm x 4.3 cm bluish.

6) Ligature mark: A brown parchment like hard ligature mark present over neck above the level of thyroid cartilage, obliquely extending upward toward chin, from behind, grooved at places. Maximum breadth ~ 4.5 cm on the backside. Peeling of skin evident in marks at places. Mark is situated 1.5 cm below tip of chin, 5.5 cm below tip of left mastoid, & 4 cm below tip of right mastoid, 10 cm below occiput. Mark is faint for ~3 cm on the right side. On dissection corresponding under the surface of skin is glistering white. Hyoid bone and thyroid cartilage intact.

All the injuries are ante mortem and are of within 06 hours of death. Injury no.6 is sufficient to cause instantaneous death in the ordinary course of nature.

Metallic rings in each 2nd toe.”

4.5. 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 c