DISHA versus STATE OF GUJARAT & ORS.

DISHA versus STATE OF GUJARAT & ORS.

No cogent reason has been shown to interfere and transfer the investigation to CBI as petitioner herself is accused, no allegation of mala fide or bias against investigating authorities, charge-sheet duly filed after investigation, and petition is based merely on apprehensions. Transfer is only justified where influential persons or officials are involved or investigation is biased, which is not demonstrated here.

Parties
Petitioner: DISHA; Respondents: STATE OF GUJARAT & ORS.
Jurisdiction
India
Judgment Date
20 July 2011
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction Article 32
Outcome
Petition dismissed
Legal Topics
Transfer of Investigation, Jurisdiction of Supreme Court Under Article 32, Fraud, Cheating, CBI Investigation, Section 173 Cr PC
Criminal Law Constitutional Law Transfer of Investigation Jurisdiction of Supreme Court Under Article 32 Fraud Cheating CBI Investigation Section 173 Cr PC

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Parties

DISHA

Petitioner

STATE OF GUJARAT & ORS.

Respondents

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction Article 32

Legal Issues

  1. 1 Whether investigation into petitioner's financial transactions and husband's death should be transferred to CBI
  2. 2 Whether grounds exist for Supreme Court to interfere and transfer investigation

Ratio Decidendi

No cogent reason has been shown to interfere and transfer the investigation to CBI as petitioner herself is accused, no allegation of mala fide or bias against investigating authorities, charge-sheet duly filed after investigation, and petition is based merely on apprehensions. Transfer is only justified where influential persons or officials are involved or investigation is biased, which is not demonstrated here.

Court Disposition

Petition dismissed

Orders

  • Petition lacks merit and is dismissed.
  • Petitioner may seek appropriate remedy before appropriate forum if action is taken by investigating agency; observations are not adverse to her.