Case Note & Summary
The petitioner, a woman, filed a writ petition seeking transfer of investigation from Delhi Police to an independent central agency in connection with FIR No.58/2018 registered under Sections 376, 328, 506, and 509 of the Indian Penal Code, 1860, alleging rape by Respondent No.7, an IPS officer. The petitioner claimed that the accused, being a police officer, could influence the investigation. Additionally, she sought transfer of investigation into FIR No.256/2018 filed by the mother of Respondent No.7 alleging extortion under Sections 384, 389, and 34 IPC, and sought other reliefs including protection. The Supreme Court noted that on 19.06.2018, the investigation into FIR No.58/2018 was transferred to the Crime Branch of Delhi Police. Subsequently, charge-sheet was filed, and supplementary charge-sheet was being prepared after retrieval of data from mobile phones. The Court also noted that the petitioner had been granted protection under Section 438 CrPC and had filed a petition under Section 482 CrPC for quashing of FIR No.256/2018, on which notice had been issued. The Court observed that the investigation was at an advanced stage and no mala fides were demonstrated to warrant transfer to an independent agency. The petition was dismissed as infructuous, with the Court directing that the investigation be concluded expeditiously and that the petitioner be provided police protection as already extended.
Headnote
A) Criminal Procedure - Transfer of Investigation - Fair Investigation - Code of Criminal Procedure, 1973 - Sections 438, 482 - Petitioner sought transfer of investigation from Delhi Police to independent agency alleging bias as accused was an IPS officer - Court noted that investigation was already transferred to Crime Branch, charge-sheet filed, and supplementary charge-sheet being prepared - Held that no ground for transfer exists as investigation is at an advanced stage and no mala fides demonstrated (Paras 1-10). B) Criminal Law - Rape - Allegations of Rape - Indian Penal Code, 1860 - Sections 376, 328, 506, 509 - Petitioner alleged rape by IPS officer after being offered chocolates causing dizziness - FIR No.58/2018 registered - Court noted that charge-sheet has been filed and investigation is complete - Held that transfer of investigation not warranted (Paras 2-7). C) Criminal Law - Extortion - Cross FIR - Indian Penal Code, 1860 - Sections 384, 389, 34 - Respondent No.7's mother filed FIR alleging extortion by petitioner and family - Petitioner sought quashing under Section 482 CrPC - Court noted that notice has been issued in quashing petition - Held that no interference with investigation at this stage (Paras 3-4).
Issue of Consideration
Whether the investigation into FIR No.58/2018 and FIR No.256/2018 should be transferred from Delhi Police/Crime Branch to an independent central agency on grounds of bias and lack of fairness.
Final Decision
The Supreme Court dismissed the writ petition as infructuous, noting that the investigation was already transferred to Crime Branch, charge-sheet filed, and supplementary charge-sheet being prepared. The Court directed that the investigation be concluded expeditiously and that the police protection already extended to the petitioner be continued.
Law Points
- Transfer of investigation
- Fair investigation
- Independent agency
- Code of Criminal Procedure
- 1973
- Section 438
- Section 482
- Indian Penal Code
- 1860
- Section 376
- Section 328
- Section 506
- Section 509
- Section 384
- Section 389
- Section 34
