MANDAKINI DIWAN AND ANR. versus THE HIGH COURT OF CHHATTISGARH & ORS.

MANDAKINI DIWAN AND ANR. versus THE HIGH COURT OF CHHATTISGARH & ORS.

Given the appellants' allegations of bias and undue influence by a senior judicial officer, the need for a thorough, fair and independent investigation into suspicious circumstances (including unexplained ante-mortem injuries) outweighed the High Court's view that statutory remedy under Section 156(3) CrPC was adequate; accordingly the Supreme Court set aside the High Court order and directed the CBI to carry out a complete and expeditious investigation, with power to register an FIR if required and to close proceedings if no material sufficient to file a chargesheet is found, and directed the State to cooperate.

Parties
Appellants: Mandakini Diwan and Anr.; Respondents: The High Court of Chhattisgarh & Ors.
Jurisdiction
India
Judgment Date
06 September 2024
Procedural Posture
Criminal Appeal / Allowed by Supreme Court Judgment (appeal Allowed and Remitted for Investigation)
Outcome
Appeal allowed
Legal Topics
Investigation by Independent Agency, CBI Investigation, Fair Investigation, Writ Petition Under Article 226, Post Mortem, Suicide
Constitutional Law Criminal Procedure Investigation by Independent Agency CBI Investigation Fair Investigation Writ Petition Under Article 226 Post Mortem Suicide

Case Brief

Summary, issues, holding and outcome

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Parties

Mandakini Diwan and Anr.

Appellants

The High Court of Chhattisgarh & Ors.

Respondents

Procedural Posture

Criminal Appeal / Allowed by Supreme Court Judgment (appeal Allowed and Remitted for Investigation)

Legal Issues

  1. 1 Whether the High Court erred in dismissing the writ petition and refusing to direct an independent investigation by CBI
  2. 2 Whether allegations of bias and undue influence by a senior judicial officer justified transfer of investigation to an independent agency
  3. 3 Whether the appellants were left without effective remedy under Section 156(3) CrPC given the facts

Ratio Decidendi

Given the appellants' allegations of bias and undue influence by a senior judicial officer, the need for a thorough, fair and independent investigation into suspicious circumstances (including unexplained ante-mortem injuries) outweighed the High Court's view that statutory remedy under Section 156(3) CrPC was adequate; accordingly the Supreme Court set aside the High Court order and directed the CBI to carry out a complete and expeditious investigation, with power to register an FIR if required and to close proceedings if no material sufficient to file a chargesheet is found, and directed the State to cooperate.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court dated 10.05.2023 set aside
  • Central Bureau of Investigation (respondent no.8) directed to carry out complete and fair investigation expeditiously into the incident and submit a report to this Court