ABCD versus UNION OF INDIA & ORS.

ABCD versus UNION OF INDIA & ORS.

No reason found to transfer investigations of FIRs to other agencies; investigation by Special Investigation Team was adequate; all available electronic evidence was retrieved or accounted for; protection already afforded; observations not to be treated as reflection on merits; notice issued to petitioner for...

Source-derived case information.

Parties
Petitioner: ABCD; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
10 December 2019
Procedural Posture
Writ Petition (criminal) / Final Disposal Order
Outcome
Writ petition disposed of.
Legal Topics
Transfer of Investigation, Police Protection, Contempt of Court, False Statements, Forensic Analysis
Criminal Law Constitutional Law Transfer of Investigation Police Protection Contempt of Court False Statements Forensic Analysis

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Parties

ABCD

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Disposal Order

  1. 1 Whether investigation pursuant to FIR filed by petitioner should be transferred to an independent Central Agency.
  2. 2 Whether investigation pursuant to FIR filed by mother of Respondent No.7 should be transferred.
  3. 3 Whether court should initiate contempt action based on alleged false statement by petitioner.

Ratio Decidendi

No reason found to transfer investigations of FIRs to other agencies; investigation by Special Investigation Team was adequate; all available electronic evidence was retrieved or accounted for; protection already afforded; observations not to be treated as reflection on merits; notice issued to petitioner for possible contempt due to false statement.

Court Disposition

Writ petition disposed of.

Orders

  • Petitioner directed to hand over any retained video or audio recording to Special Investigation Team within two days.
  • Notice issued to petitioner to show cause why action in contempt be not initiated against her and why appropriate direction be not passed under s.195(1)(a)(i) CrPC; Registry to register the matter as suo moto proceedings.