Supreme Court - Daily Orders
Abcd And Ors vs Union Of India on 4 October, 2024
Bench: J.K. Maheshwari, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 2028 OF 2024
IN
WRIT PETITION (CRL.) NO. 332 OF 2019
ABCD AND ORS. PETITIONER/APPLICANT(S)
VERSUS
UNION OF INDIA AND ORS. RESPONDENT(S)
ORDER
1. The present miscellaneous application for directions has been filed by petitioner/applicant(s) in Writ Petition (Criminal) No. 332/2019 under Article 32 of the Constitution of India, which was disposed of by this Court vide its order dated 13.12.2019.
2. The prayer in the disposed of writ petition mentioned above was to seek transfer of FIR No. 256/2018 dated 03.06.2018 lodged at Police Station Basirhat under Sections 384, 389 and 34 Signature Not Verified of the IPC from West Bengal to Delhi, to be investigated along Digitally signed by NIDHI AHUJA Date: 2024.11.16 14:23:52 IST Reason: with FIR No. 58/2018 registered at the Barakhamba Road Police 1 Station. After hearing the learned counsel for the parties, the Writ Petition was disposed of by this Court on 13.12.2019 with the following observations:
“ It is apparent from the record that a petition under Section 482 Cr.P.C. (C.R.R. No. 1924 of 2018) has been filed in the High Court of Calcutta seeking quashing of proceedings pursuant to FIR No. 256/2018 dated
03.06.2018. Notice was issued by the High Court in that matter on 27.07.2018 and according to the learned counsel for the petitioner, the matter is still pending consideration.
The principal prayer in the writ petition is to seek transfer of investigation from Calcutta to Delhi. But the submissions advanced in the petition are projected with the idea that the entire case as advanced in the FIR is completely unstatable. In the circumstances, we do not consider it appropriate to entertain this writ petition and give liberty to the petitioner to file appropriate application for expeditious disposal of the pending application before the High Court.
In case, such application is filed within fifteen days, we request the High Court to disposed of the aforesaid CRR No. 1924 of 2018 as expeditiously as possible and preferably before 28.02.2020.
We shall not be taken to have reflected on the merits of the submissions which shall be gone into independently at every stage.
This writ petition is disposed of.
Pending applications, if any, shall also stand disposed of.”
3. The petitioner had also filed Writ Petition (Criminal) No. 191/2018 praying for a transfer of investigation of FIR No. 58/2018 u/s 376, 328, 506 and 509 IPC from the Delhi Police to 2 an independent central agency, praying for a direction to the State of West Bengal to suspend the Respondent No. 4 herein and to initiate departmental proceedings against him and for transfer of investigation of FIR No. 256/2018 dated 03.06.2018 from Basirhat PS, West Bengal to a Central Agency along with a prayer to collect CDR of mobile phones and CCTV footage of a Hotel. This Writ Petition was heard on various dates and was also disposed of vide our order dated 10.12.2019. Observations made by this Court while disposing of Writ Petition (Criminal) No. 191/2018 are relevant, and have been reproduced below:
“10. The investigation into the crime registered pursuant to FIR No.58 of 2018 lodged by the petitioner was conducted by a Special Investigation Team headed by ACP Ms: Shweta Tiwari Singh and a charge sheet has been filed. The apprehension that was expressed at some stage that the mobile phones belonging to Respondent No.7 were not being taken in custody, was dealt with by this Court and it was ensured that said mobiles would be in the custody of the investigating agency. The data from those mobiles was also sought to be recovered and it must be stated that Respondent No.7 did extend cooperation in ensuring that the data could be retrieved. However, the assertion on behalf of the petitioner is that complete data has not been retrieved. Both the mobile phones were also sent for forensic analysis. It is suggested by the petitioner that certain pictures may have been taken by Respondent No.7, which data is not presently available. However, what has been extracted from iCloud is fully available with the investigating agency. The data, in any case, would at best point that at various stages there were exchanges and conversation between the petitioner and Respondent No.7 but what needs to be gone 3 into at the∙ appropriate stage is the basic submission that Respondent No.7 had taken undue advantage of the petitioner on the fateful night. The contention that the mobile phone of the Investigating Officer was damaged may not be material as details of any conversation between the petitioner and the Investigating Officer, may also be proved though the mobile phone of the petitioner herself. There is thus, nothing substantial which could either show that the investigation was not well directed or had failed to look into a particular direction. In our considered view, nothing further is required to be done. At this stage, it may be stated that if any video or audio recordings are still being retained by the petitioner, they may be handed over to the Special Investigation Team within two days from today. It is left to the Special Investigation Team to consider whether that parts needs to be dealt with in the supplementary chargesheet which, as indicated above, is contemplated to be filed.”
4. It appears from the order dated 10.12.2019 passed in Writ Petition (Criminal) No. 191/2018 that suo motu contempt proceedings were initiated against the petitioner by this Court due to filing of the affidavit before this Court, the averments to made wherein were found to be false, hence, the petitioner was directed to appear in person on 14.01.2020. The Suo Moto Contempt (Criminal) No. 3/2019 was closed and rule nisi was discharged vide order dated 15.01.2020 after the petitioner appeared and tendered an unconditional apology before this Court.
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5. The petitioner thereafter filed miscellaneous application (Diary) No. 5281/2020 for directions in the disposed of Writ Petitoin (Criminal) No. 332/2019 out of which this present misc. application arises. It was contended inter alia that the petitioner’s father and brother were arrested by the West Bengal Police in connection to FIR No. 256/2018. The prayer in the said application for directions is for transfer of CRR No. 1924/2018 from the High Court at Calcutta to this Court, and direct release the petitioner’s father and brother by the West Bengal Police and offer medical facility at Calcutta to petitioner’s father.
6. This Court granted interim protection vide its order dated 11.02.2020 and 18.02.2020 and finally disposed of the Miscellaneous Application (Diary) No. 5281/2020 vide order dated 09.04.2021 directing that in case the chargesheet is filed, the interim protection granted vide orders dated 11.02.2020 and 18.02.2020 shall continue to operate.
7. The present miscellaneous application has been filed on 31.08.2024. The case as set out in the present miscellaneous application is as follows:
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a. Even though the direction in Writ Petition (Criminal) No. 332/2019 was for the High Court of Calcutta to dispose of C.R.R. No. 1924/2018 as expeditiously as possible, the same has not yet been disposed of.
b. Certain material changes have been made in the original complaint filed by mother of Respondent No. 4 contained in the record of the Trial Court, which calls for an inquiry by this Court.
8. In view of the directions issued by this Court, we are not inclined to entertain the present miscellaneous application, however, the High Court is requested to decide the pending C.R.R. No. 1924/2018 as expeditiously as possible within a period of four months. It is suffice to say that the petitioner(s) are at liberty to raise all the grounds as available to them.
9. In view of the foregoing, the present application stands disposed of. Interlocutory application(s), if any, are also disposed of.
……………………………………., J.
[ J.K. MAHESHWARI ] ……………………………………., J.
[ RAJESH BINDAL ] New Delhi;
October 04, 2024.
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ITEM NO.30 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 2028/2024 in W.P.(Crl.) No. 332/2019
(Arising out of impugned final judgment and order dated 13-12-2019 in W.P.(Crl.) No. 332/2019 passed by the Supreme Court of India) ABCD AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (FOR ADMISSION and IA No.196664/2024-EXEMPTION FROM FILING O.T. and IA No.196653/2024-APPROPRIATE ORDERS/DIRECTIONS) Date : 04-10-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Venkita Subramoniam T.R, AOR Mr. Rahat Bansal, Adv.
For Respondent(s) Mr. Nitin Saluja, AOR Ms. Astha Sharma, Adv.
Ms. Ripul Swati Kumari, Adv.
UPON hearing the counsel the Court made the following O R D E R
1) The present application stands disposed of in terms of the signed order. Interlocutory application(s), if any, are also disposed of.
(NIDHI AHUJA) (NAND KISHOR)
AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.]
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