Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Del) 8992

IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
ANU DUGGAL – Appellant
Versus
STATE & ORS – Respondent
W.P.(CRL) 1695/2018 | CRL.M.A.14418/2024 | CRL.M.A. 9480/2025

Advocates:
For the Appellants/Petitioners:Mr. Siddharth Aggarwal, Senior Advocate, Mr. Nitin Mehta, Ms. Sowjanya Shankaran, Mr. Siddharth Satija, Mr. Arpit Rawat, Mr. Chirag Singh, Ms. Anuka Bachawat, Mr. Akash Sachan and Ms. Yukta
For the Respondents: Mr. Amol Sinha, ASC (Crl.), Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Manan Wadhwa, Mr. Nitish Dhawan, Ms. Anubha Bhardwaj, SPP, Ms. Muskan Narang and Mr. Vijay Misra

The court emphasizes the necessity for impartial and thorough investigations in suspicious death cases, ruling that significant deficiencies in the initial police investigation warrant the transfer to a specialized agency.

Headnote:(A) Constitution of India, 1950 - Article 226 - Transfer of Investigation - Petition for transfer of investigation in F.I.R. No.45/2018 from local police to Central Bureau of Investigation (CBI) due to alleged mishandling and bias in initial police investigations - It was contended that the investigations were inadequately conducted, favoring the theory of suicide without thoroughly examining potential evidence suggesting foul play. (Paras 1-40)

(B) Investigations - Proper and thorough investigations are paramount for ensuring a fair trial and justice. - The Court highlighted significant deficiencies in the investigation process, including discrepancies in witness statements, delayed FIR registration, lack of consistent evidence collection, and tampering of evidence including mobile phones. The Court emphasized the necessity to ensure impartiality and credibility in investigative practices, especially in cases involving suspicious deaths. (Paras 8-10, 14-34)

Findings of Court:
The Court concluded that the investigation by police was conducted with bias, predicated on a presumption of suicide without due consideration of evidence suggestive of homicide. The request for transfer of investigation to CBI was thus granted. (Paras 40)

Result: The petition was allowed; the investigation was ordered to be transferred to CBI.

Judgement Key Points

How to determine whether a court should transfer an investigation from local police to a specialized agency like the CBI?

What is the standard for exercising the extraordinary power under Article 226 to direct CBI investigation in cases of alleged biased or deficient police investigation?

What are the circumstances under which the court may order reinvestigation or transfer of investigation to ensure a fair and complete investigation?

Table of Content
1. investigation initiated under suspicious circumstances. (Para 1 , 2 , 4 , 5)
2. failure of initial investigations and discrepancies. (Para 6 , 7 , 8 , 9 , 10)
3. arguments regarding necessity for cbi investigation. (Para 12 , 15 , 16)
4. importance of thorough and unbiased investigation. (Para 18 , 19)
5. court's discretion in transferring investigation for justice. (Para 23 , 24 , 33)
6. conclusion directing cbi investigation is justified. (Para 35 , 40)

JUDGMENT

TUSHAR RAO GEDELA, J.

1. Present writ petition has been filed under Article 226 of the Constitution of India , 1950, seeking transfer of investigation in F.I.R. No.45/2018 dated 22.02.2018 registered under Section 302 , Indian Penal Code , 1860, from Delhi Police to respondent no.4/Central Bureau of Investigation (CBI) for conducting a fresh/de novo investigation.

2. Petitioner is the mother of Mr. Arnav Duggal, a 23 year old hotel management graduate working as Manager, ITC Grand Bharat at the time, who died under mysterious and suspicious circumstances on 13.06.2017, at Flat No.441, Shakuntalam Apartments, Sector 10, Dwarka, Delhi i.e. the residential house of Ms. Megha Tiwary, daughter of Mr. R.K. Tiwary.

3. For the purposes of ease and convenience, the names and relationship etc. of the persons involved in this case are described in the following table:-

Name	Abbreviation	Relationship
Megha Tiwary	MT	Alleged to be in relationship with the deceased
Ranjit Kr. Tiwary	RT	Father of MT
Qismat Zaidi	QZ	Friend of MT
Harneet Kaur	HK	Friend of MT
Manisha Meena	MM	Friend of MT
Ramesh Yadav @ Sunny	SC	Friend of the deceased Chaudhary

4. The version of the petitioner as stated in the writ petition is that the deceased and MT were in a relationship for atleast 2-3 years which continued till the fateful day of his death. In the months preceding the alleged murder of the deceased, they visited several places as well as booked hotel rooms to stay together.

5. The admitted facts reveal that on 11.06.2017, the deceased and MT stayed together during the day time in Hotel Radisson Blu, Dwarka. Through the night of 12.06.2017, the deceased and MT were partying together at various places in Delhi NCR alongwith their friends namely SC, QZ and HK. After dropping the others, on the morning of 13.06.2017, the deceased alongwith MT had visited Hotel Radisson Blu, Dwarka, however, they decided to go to MT’s flat. At about 08:00 AM, on 13.06.2017, the deceased and MT reached Shakuntalam Apartments, Dwarka. It is the allegation of the petitioner that at the said flat, Mr. Arnav Duggal was murdered and his dead body was found. The PCR was informed by the security staff of the Shakuntalam Apartments in the evening at about 05:25 PM and the police arrived at the spot immediately.

6. Since the morning of 13.06.2017, the petitioner and her husband were continuously trying to contact the deceased but there was no response. At about 06:00 PM, Mr. Nand Kishore, ASI Dwarka, without informing about the death of their son, asked the petitioner to come to Shakuntalam Apartments. The petitioner and her husband reached at the spot and saw the body of the deceased wrapped in a cover being taken in a hearse van. When they entered the flat of MT, the police officials present there informed that their son had committed suicide by hanging from the ceiling fan and there was nothing to investigate. The police officials also informed that before their arrival, MT had cut the ligature cloth, brought the hanging body down and when the police reached at the spot, the body of the deceased was found on the floor. It is the case of the petitioner that though the police officials present there informed that their son had committed suicide, they found the room to be dressed up to make a case of suicide and police officials unwilling to further investigate.

7. On 14.06.2017, a complaint was filed by the petitioner before the DCP, South West and SHO, Dwarka Police Station. On 17.06.2017, the post mortem of the deceased was conducted. Ther

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