Deepali Aggarwal vs State of GNCT - 2020 Supreme(Del) 700

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Del) 700

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J.
Deepali Aggarwal - Appellant
Versus
State Of GNCT - Respondent
Writ Petition (Criminal) No. 55 of 2020; Criminal Miscellaneous Application No. 1537 of 200, 3137 of 2020
Decided On : 14-07-2020

Advocates Appeared:
Tanmaya Mehta, Advocate, Atul Agarwal, Advocate, Hemant Kumar, Advocate, Divyansh Rathi, Advocate, Kamna Vohra, Advocate

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 120B - Criminal Procedure Code, 1973 - Sections 156(3) - Investigation of alleged murder dismissed by High Court; claims of improper investigation not substantiated - Petitioner alleged police negligence in investigating husband's death treated as suicide, despite evidence suggesting otherwise - Respondent argued investigation was adequate, with collection of necessary evidence and procedural compliance - Court supervised the investigation but rejected the transfer request to a different agency, citing ongoing proceedings. (Paras 3, 15, 41, 42)

(B) Fairness in Investigation - Court emphasized need for impartial investigation in homicide cases; previous judgments referenced to underline standards of fairness - The same officer cannot be complainant and investigator, raising concern over bias - Court stated any perceived bias needs to be addressed to uphold public confidence in justice. (Paras 18, 20, 41)

Facts of the case:
The petitioner, widow of deceased Sachin Aggarwal, seeks transfer of investigation from local police after husband's death, initially categorized as suicide, citing negligence in handling the case, lack of proper inquiry into key evidence, and allegations against an associate. (Paras 1, 2, 4)

Findings of Court:
The investigation into the death was assessed as sufficient and carried out with requisite seriousness; the transfer was deemed unnecessary as the investigation was ongoing under new supervisory guidance. (Paras 33, 41, 42)

Issues: Determining the necessity of transferring the investigation and evaluating procedural integrity in light of allegations of bias. (Paras 35, 41)

Ratio Decidendi: The court concluded that no substantial flaws in the investigation were evident and the police had acted within their jurisdiction while handling the matter; the petitioner's concerns were acknowledged but ultimately did not warrant a transfer. (Paras 41, 42)

Result: Petition disposed off, request for transfer of investigation denied.

Table of Content
1. incident background and police investigation details. (Para 1 , 2)
2. petitioner's allegations against police investigation. (Para 4 , 5 , 6)
3. arguments by both parties about investigation conduct. (Para 7 , 9 , 10 , 11)
4. court's assessment of investigation fairness. (Para 15 , 16 , 34)
5. transfer of investigation and petition conclusion. (Para 20 , 42)

JUDGMENT

Anup Jairam Bhambhani, J. - The petitioner is the widow of late Sachin Aggarwal, who is stated to have been found dead in his car on 26.12.2019 with a bullet injury to his right temporal region. The deceased was, at the time, accompanied by one Prasoon Dixit, who was driving the car while the deceased was in the front left seat. Prasoon Dixit is stated to have been a close associate of the deceased for few months prior to the incident.

2. The other factual details of the incident are not relevant for purposes of the present petition, except to say that after making inquiries from the family of the deceased, on 26.12.2019 the police registered FIR No. 458/2019 under section 25/27/54/59 of the ARMS ACT at PS: Vivek Vihar against unknown persons. It is stated in the petition that the family had informed the police that they suspected foul play. Thereafter on 27.12.2019, post-mortem was conducted on the body ; and the deceased was cremated. On 30.12.2019, the petitioner is stated to have lodged a complaint against Prasoon Dixit and his associates alleging offences under sections 302/120B of the INDIAN PENAL CODE , 1860 (IPC).

3. The petitioner has filed the present petition under Article 226 of the Constitution, being aggrieved by alleged culpable negligence on the part of the police to investigate the matter. The petitioner has made the following prayers:

"a. Transfer the investigation in FIR No. 458 of 2019, lodged at P.S. Vivek Vihar to the Crime Branch or the DIU, or alternatively direct constitution of a Special Investigation Team (SIT) to investigate the present matter;

b. During the pendency of the present petition, direct the SHO to ensure proper compliance of SO No.448 of 2018 of the Delhi Police and collect all CCTV footage throughout the time period since the deceased and the others left their residence on 25.12.2019, in compliance with this Hon''ble Court''s order in Pooja Khetan Vs. GNCTD WP(Crl.) No.1006 of 2015;

c. During the pendency of the present petition direct the SHO PS Vivek Vihar to seize and send for forensic examination Call Detail records of all individuals who were in contact with the deceased on 25.12.2019 and 26.12.2019, including Sh. Prasoon Dixit, Sh. Vikesh Rajput, Ms. Neha Verma, Sh. Yash Gupta, Sh. Nitin Chaudhary, Sh. Kamal Pandit and Ms. Anshu;

d. During the pendency of the present petition direct the SHO PS Vivek Vihar to seize and send for forensic examination the mobile phone of all individuals who were accompanying the deceased on 25.12.2019 as well as 26.12.2019, including Sh. Prasoon Dixit, Sh. Vikesh Rajput, Ms. Neha Verma, Sh. Yash Gupta, Sh. Nitin Chaudhary, Sh. Kamal Pandit and Ms. Anshu and retrieve all data from the devices;

e. Direct the SHO PS Vivek Vihar and other concerned agencies to maintain securely the said retrieved data till the necessary agencies are handed over the data for proper examination;

f. Direct concerned agencies to share with the Petitioner a copy of the inquest papers, so that she is in a position to pursue the matter before this Hon''ble Court, or any other court;

g. Monitor the investigation in FIR No. 458 of 2019, lodged at P.S. Vivek Vihar;

h. Direct the SHO PS Vivek Vihar to add Section 302 IPC and 120B r/w 320 IPC to FIR No. 458 of 2019, lodged at P.S. Vivek Vihar..."

4. No notice was issued in this petition; but at the pre-notice stage, the petitioner filed synopsis of arguments and a case-law compilation; while the State filed four status reports ; and parties were heard at considerable length over several dates of hearings.

Petitioner''s Submissions :

5. Mr. Tanmaya Mehta,

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2020 Supreme(Del) 700

IN THE HIGH COURT OF DELHI AT NEW DELHIAnup Jairam Bhambhani, J.Deepali Aggarwal - AppellantVersusState Of GNCT - RespondentWrit Petition (Criminal) No. 55 of 2020; Criminal Miscellaneous Application No. 1537 of 200, 3137 of 2020Decided On : 14-07-2020

Cases Referred (21)

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J.
Deepali Aggarwal - Appellant
Versus
State Of GNCT - Respondent
Writ Petition (Criminal) No. 55 of 2020; Criminal Miscellaneous Application No. 1537 of 200, 3137 of 2020
Decided On : 14-07-2020