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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPEALLTE JURISDICTION

CRIMINAL APPEAL NO. OF 2008.

[Arising out of SLP (Crl.) No. 4935 of 2006]

ICICI Bank .. Appellant

Versus

Shanti Devi Sharma & Others .. Respondents

JUDGMENT

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal is directed against the order dated 13th July,

2006 passed by the High Court of Delhi in Writ Petition

(Criminal) No. 576 of 2006 and order dated 11th August, 2006

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passed in Crl. M. A. Nos. 8093-94/2006 in W.P. (Crl.) No. 576 of

2006.

3. The question that arises in this case in narrow compass:

Should part of the impugned judgment be expunged so that it

may not adversely influence on an ongoing criminal

investigation? The respondent filed a criminal writ petition

number 576 of 2006 with the Delhi High Court. Vide this writ

petition, the respondents sought a writ of mandamus that would

direct the Commissioner of Police to take action against the

appellant bank. Respondent no.1 alleged that her son

committed suicide as a result of the manner in which the bank’s

recovery agents had repossessed her son’s motorcycle. In the

first information report (F.I.R.) dated 29.11.2005, the respondent

alleged that on 16th October, 2005 at about 1.00 p.m., two

recovery agents (referred to as "goons") forcibly entered her

son’s bedroom and started harassing and humiliating him for

the loan payments that were overdue on his two wheeler and on

his personal loan.

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4. According to respondent no. 1, they repossessed the vehicle

taken in the presence of his friends who ridiculed him for having

lost the motorcycle. It is further mentioned in the FIR that the

deceased had used his motorcycle to get vegetables for his small

restaurant. It is also alleged that the deceased had to carry the

vegetables on his back in the absence of his motorcycle. Upon

finding the deceased carrying vegetables on his back, members

of the neighborhood allegedly made snide comments. The

deceased finally broke down before his wife and allegedly stated

that he had never faced such a humiliation and disgrace in his

entire life. On that very day, while his wife was washing clothes,

the deceased went inside the small inner room and hung himself

to death. We reiterate that this version of the events is found in

the FIR and is thus an allegation at this time.

5. To ascertain the veracity of these assertions, the High

Court ordered the Police to file reports as to the status of the

investigation against the bank. The High Court later reviewed the

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two status reports that were filed by the Police. It found them

unsatisfactory and accordingly, the High Court directed the

Investigating Officer to:

"conclude the investigation into the matter as

expeditiously as possible and take necessary action

against those who may be found guilty of abetting the

deceased to commit suicide."

In addition, the High Court stated that:

"Para 1: "... the vehicle for which the loan was taken

was repossessed by the musclemen employed by

ICICI Bank.

Para 3: "...the proximate cause of death of the

deceased that led him to commit suicide was on

account of humiliation caused by the Bank people

from where loan was t