KASHMERI DEVI versus DELHI ADMINISTRATION & ANR.

KASHMERI DEVI versus DELHI ADMINISTRATION & ANR.

On facts and record, the Court found that the police investigation was not forthright and showed efforts to shield guilty officers. In the interest of justice, Court directed that the trial court should exercise powers under Section 173(8) CrPC to order a proper and thorough investigation by CBI, to be carried out independently and objectively.

Parties
Appellant: Kashmeri Devi; Respondent: Delhi Administration & Anr.
Jurisdiction
India
Judgment Date
25 April 1988
Procedural Posture
Criminal Appeal / Appeal From Division Bench Order Dismissing Writ Petition
Outcome
Appeal disposed of
Legal Topics
Death in Police Custody, Investigation of Police Officers, Court Directed CBI Investigation
Constitutional Law Criminal Law Human Rights Death in Police Custody Investigation of Police Officers Court Directed CBI Investigation

Case Brief

Summary, issues, holding and outcome

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Parties

Kashmeri Devi

Appellant

Delhi Administration & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Division Bench Order Dismissing Writ Petition

Legal Issues

  1. 1 Whether investigation of death in police custody by Delhi Police was flawed and partisan
  2. 2 Whether investigation should be transferred to CBI

Ratio Decidendi

On facts and record, the Court found that the police investigation was not forthright and showed efforts to shield guilty officers. In the interest of justice, Court directed that the trial court should exercise powers under Section 173(8) CrPC to order a proper and thorough investigation by CBI, to be carried out independently and objectively.

Court Disposition

Appeal disposed of

Orders

  • Trial court before whom the charge sheet has been submitted to exercise powers under Section 173(8) CrPC to direct CBI for proper and thorough investigation.
  • CBI to investigate case independently and submit additional charge sheet, if any, in accordance with law.