ANU DUGGAL v. STATE ORS

Judgment

1. Present writ petition has been filed under Article 226 of the Constitution of India, 1950, seeking transfer of investigation in F.I.R. No.45/2018 dated

22.02.2018 registered under Section 302, Indian Penal Code, 1860, from Delhi Police to respondent no.4/Central Bureau of Investigation (CBI) for conducting a fresh/de novo investigation. 2. Petitioner is the mother of Mr. Arnav Duggal, a 23 year old hotel management graduate working as Manager, ITC Grand Bharat at the time, who died under mysterious and suspicious circumstances on 13.06.2017, at Flat No.441, Shakuntalam Apartments, Sector 10, Dwarka, Delhi i.e. the residential house of Ms. Megha Tiwary, daughter of Mr. R.K. Tiwary. 3. For the purposes of ease and convenience, the names and relationship etc. of the persons involved in this case are described in the following table:- Name Abbreviation Relationship Megha Tiwary Ranjit Kr. Tiwary Qismat Zaidi Harneet Kaur Manisha Meena MT RT QZ HK MM Alleged to be in relationship with the deceased Father of MT Friend of MT Friend of MT Friend of MT Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 Ramesh Yadav @ Sunny Chaudhary SC Friend of the deceased

4. The version of the petitioner as stated in the writ petition is that the deceased and MT were in a relationship for atleast 2-3 years which continued till the fateful day of his death. In the months preceding the alleged murder of the deceased, they visited several places as well as booked hotel rooms to stay together. 5. The admitted facts reveal that on 11.06.2017, the deceased and MT stayed together during the day time in Hotel Radisson Blu, Dwarka. Through the night of 12.06.2017, the deceased and MT were partying together at various places in Delhi NCR alongwith their friends namely SC, QZ and HK. After dropping the others, on the morning of 13.06.2017, the deceased alongwith MT had visited Hotel Radisson Blu, Dwarka, however, they decided to go to MT’s flat. At about 08:00 AM, on 13.06.2017, the deceased and MT reached Shakuntalam Apartments, Dwarka. It is the allegation of the petitioner that at the said flat, Mr. Arnav Duggal was murdered and his dead body was found. The PCR was informed by the security staff of the Shakuntalam Apartments in the evening at about 05:25 PM and the police arrived at the spot immediately. 6. Since the morning of 13.06.2017, the petitioner and her husband were continuously trying to contact the deceased but there was no response. At about 06:00 PM, Mr. Nand Kishore, ASI Dwarka, without informing about the death of their son, asked the petitioner to come to Shakuntalam Apartments. The petitioner and her husband reached at the spot and saw the body of the deceased wrapped in a cover being taken in a hearse van. When they entered the flat of Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 MT, the police officials present there informed that their son had committed suicide by hanging from the ceiling fan and there was nothing to investigate. The police officials also informed that before their arrival, MT had cut the ligature cloth, brought the hanging body down and when the police reached at the spot, the body of the deceased was found on the floor. It is the case of the petitioner that though the police officials present there informed that their son had committed suicide, they found the room to be dressed up to make a case of suicide and police officials unwilling to further investigate. 7. On 14.06.2017, a complaint was filed by the petitioner before the DCP, South West and SHO, Dwarka Police Station. On 17.06.2017, the post mortem of the deceased was conducted. Thereafter, the investigation was transferred to the Crime Branch in August, 2017 however, the inquiry continued on the theory of suicide and no FIR was registered. The petitioner had to run from pillar to post and file 6 applications before the senior police officials yet no FIR was registered. Finally, the petitioner was compelled to file a petition bearing CC No.25233/2017 under Section 156(3), Cr.P.C.,1973 before the Court of learned Chief Metropolitan Magistrate, Dwarka. The learned CMM, after hearing the parties, directed the police to file a Status Report. 8. In the meanwhile, on 11.02.2018, the petitioner found an envelope at the entrance gate of her house which contained photographs of the body of the deceased, which were placed on record before the learned CMM. After perusing the entire record including the Status Report, complaint, photographs etc., the learned CMM was satisfied that a cognizable offence was made out and accordingly, vide order dated 17.02.2018, registration of an FIR was directed. Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 Accordingly, on 22.02.2018, FIR No.45/2018 came to be registered under Section 302, IPC. 9. Subsequently, various orders were passed by the learned CMM making serious observations against the manner of the investigation being conducted by the police officials. In the order dated 17.02.2018, learned CMM had observed that though no police official saw the deceased hanging from the fan, the police seems to have blindly accepted the version of MT. It was also noted that the polygraph test of MT appears to have been conducted in a rudimentary manner, seemingly as a formality. It was observed that absence of crucial photographs from the police file shows that the probe is not being conducted in an impartial manner. Further, by the order dated 28.03.2018, learned CMM directed the IO to consider all the discrepancies pointed out and conduct the investigation in a fair and impartial manner without any preconceived notions. On 10.04.2018, it was observed by the learned CMM that the application filed by MT seeking anticipatory bail was withdrawn on the basis of assurance given by the IO however, the complainant was not informed about filing of such application depriving her of an opportunity to be heard. Learned CMM had also directed the DCP to monitor the probe in the present case. 10. Thereafter, on 28.04.2018, a status report was filed by Inspector Kuldeep Singh, Crime Branch, Delhi before the learned CMM stating that a Special Investigation Team (SIT) has been constituted to conduct investigation in the present case under the overall supervision of Sh. Bhisham Singh, DCP/Crime (Cyber & FICN). It is the case of the petitioner that inspite of several observations made by the learned CMM and the overwhelming circumstances from the day of the incident till date pointing towards the involvement and Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 influence of MT and her father, and despite the case being transferred from local police to Crime Branch to the SIT, the narrative and the pattern of the investigation remained on the same preconceived notion of suicide. It is stated that the probe/investigation in this case has been unfair, tainted, mala fide and smacks of foul play thus, necessitating invocation of writ jurisdiction of this Court seeking transfer of investigation to CBI. 11. To have a balanced view of the case, it is also relevant to place on record the version of the prosecution. It is pertinent to bear in mind that the police authorities have filed a Closure Report and vide order dated 09.05.2024, this Court had directed that if any final report is filed by the IO, the learned CMM shall keep the same in abeyance till further orders. The version of the prosecution, as per its Closure Report dated 29.08.2024 is as under:-

“It is submitted that on 13.06.2017, a PCR call was made from 011-42760314 and the same was received at PP Sector-10, PS Dwarka (South) vide DD No. 13 at 5:25 PM that a boy had committed suicide at Flat No. 441, Shakuntalam Apartment, Sector- 10, Dwarka, New Delhi. The SHO, ACP concerned and police staff of PS-Dwarka South reached at the spot, where dead body of a boy was found lying on the floor near the bed in a room. He was identified as Arnav Dugga1 S/o Sh. Alok Dugga1 R/o H. No. 7/28, West Patel Nagar, New Delhi, Age 23 Years. A piece of cloth was found tied around the neck of deceased and second portion of the cloth was found lying on the bed. From the spot enquiry, it was found that the said flat belonged to Mr. Ranjeet Kumar Tiwary. The deceased was friend of Ms. Megha Tiwary (used to work in ITC Maurya those days). After night duty on the intervening night of 12/ 13-06-17, she along with her friends Qismat, Harneet, Arnav (the deceased) and Arnav’s friend Sunny had gone out for the night. Ms. Megha revealed that she was in a relationship with Arnav since the last 2 years, however, since the last one year she had started maintaining some distance from him due to his misbehavior & possessiveness. Arnav was not happy with this and he wanted her back in his life. After the night out with friends, she came back to her house in the morning of 13.06.17. Arnav had come to drop her. After dropping her outside her house he drove his car outside the society and parked his car outside. He entered the society in the name Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 of Atul. He returned and came to her flat. He insisted on staying with her and tried to convince her to come back into his life. She refused and finding no option, bolted herself in another room of the flat leaving Arnav in the drawing room. She had switched off her phone and slept. She woke up at around 4:30 PM when her landline phone rang. She came out to attend the phone and found Arnav’s body on the floor in kneeling position with hands on the bed. A cloth was tied around his neck and looped over the ceiling fan. She checked and found him dead. She informed her father & friends and also cut the clothes/ligature material with a scissor. Her father informed the Supervisor and the Police was also informed by the society staff.” CONTENTIONS OF THE PETITIONER:- 12. Adumbrating on the backdrop as narrated above in the facts put forth by the petitioner, Mr. Siddharth Aggarwal, learned senior counsel appearing for the petitioner submitted that the prosecution committed the greatest fallacy in presuming that the occurrence on 13.06.2017 was a pure case of suicide, having no homicidal intent behind it. He stated that this assumption, which forms the substratum of the investigations commenced and concluded by the prosecution, has manifestly resulted in miscarriage of justice. He urged that the said assumption of suicide emanated from the version given by MT who herself was the only person admittedly present in the flat when the deceased allegedly committed suicide. He contended that admittedly, none of the police authorities had seen the body of the deceased hanging from the ceiling fan and only saw the body after the ligature, as alleged, was cut off by means of a knife or a scissor by MT. Other than that, there is no credible knowledge, information or even evidence collected by the investigating authorities to reach this assumption of suicide from the very inception of the investigations. He vehemently attacked the investigations conducted by the local police based on the erroneous assumption of the deceased having committed suicide. According to him, it is unknown as to Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 how and on what basis the theory of suicide was made the foundation on which the investigations commenced and unfortunately, concluded. That said, learned senior counsel sought to point out grave and serious lacunae and pitfalls in the investigations conducted not only by the IO of the local police but also by the SIT, who unfortunately parroted and reiterated the investigations and the conclusions reached by the IO. The point wise submissions are noted hereunder. Background:- 13. Learned senior counsel stated that the deceased and MT knew each other for almost three years before the date of incident and admittedly, were in a relationship. He stated that the petitioner has placed on record a number of documents to indicate that both, the deceased as well as MT had been in close relationship and travelled to many cities like Jaipur, Rishikesh, Roorkee etc. together. In fact as recent as between 01.04.2017 to 08.04.2017, MT applied for leave during which period, both had visited Rishikesh and spent quality time together. He submitted that on 11.06.2017 i.e. two days before the date of unfortunate incident, the deceased and MT spent the day (from 7:40 am till 4:30 pm) at Hotel Radisson Blu, Dwarka, New Delhi. Not only that, throughout the night of 12.06.2017, the deceased alongwith his friend SC, and MT with two others namely, QZ and HK were partying at various places in Delhi NCR region which, according to him, also included procurement and consumption of narcotics. He submitted that as per the statements of the friends of both, the deceased and MT, after dropping all of them at various times in the intervening night of 12.06.2017 and 13.06.2017, the deceased and MT reached Hotel Radisson Blu, Dwarka to stay together. According to him, and as appears from the statements of the witnesses from the hotel, on account of non-negotiation in Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 the rates of the room, both deceased and MT decided to go to the house of MT at Shakuntalam Apartments, Dwarka. He stated that the aforesaid facts have been collated from the various statements of the witnesses and are not version of the petitioner. From the statements of witnesses including the security guard of the Shakuntalam Apartments, both the deceased and MT entered the apartment around 8:00 AM whereafter, the deceased came out of the said apartment after dropping MT and parked his car outside. It is the statement of the security guard that the deceased re-entered the apartment under the name “Atul”. At this stage, learned senior counsel submitted that the presence of the deceased as well as MT in her house i.e., Flat no.441, Shakuntalam Apartments is undisputed. Rather, it is an admitted fact. Learned senior counsel submitted that thereafter, as to what transpired between the deceased and MT in the said flat leading to the incident of alleged suicide is unknown. Subsequently, the alleged facts, from the time the local police is alleged to have been informed of the purported suicide at 05:25 PM by the security guard of the apartment, are the versions of the prosecution as also MT and other witnesses, which are seriously in doubt. Defects and Discrepancies in the Investigation:- 14. Learned senior counsel handed over a written note of crucial lacunae in the investigations requiring transfer to CBI and submissions relevant for such consideration. This Court has perused the note which was read over by Mr. Aggarwal, learned senior counsel and is of the considered opinion that to underscore the emphasis sought to be projected, it may be more appropriate to re-present the same as under :- Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 I. Discrepancies in MT’s version a) Investigating agency seeks to accept and act on various factual assertions of MT, which are demonstrably false. MT claims that the deceased barged into her residence uninvited on the morning of 13.06.2017, and that he was banging on her door for at least 1-1:30 hours before she allowed him in (Statement of MT dated 14.06.2017). However, CCTV footage of Shakuntalam Apartments shows that the deceased and MT entered the apartment complex shortly before 8:00 AM, parked the car and MT alighted from it. Then deceased took the car outside the gate of the society and parked it and re-entered. The deceased and MT contacted each other more than 10 times within a span of 20 minutes between 07:55 AM and 08:16 AM, which is demonstrated below:- Date Time From To

13.06.2017 07:55am 07:56am- 07:58am (4 missed calls) 08:00am (SMS) 08:02am 08:12am 08:13am 08:14am 08:15am 08:16am 08:16am Arnav Megha Duration (in seconds) 0 Arnav Megha 0 Arnav Megha Arnav Megha Arnav Megha Arnav Megha Arnav Megha Arnav Megha Arnav Megha Megha SMS Arnav Col 558 0 11 21 18 0 Missed call CCTV footage also clearly shows that between 08:05 AM and 08:06 AM, the deceased was bounding up the stairs to MT’s apartment with a wine bottle Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 in hand (Statement of MT dated 04.12.2018). It is clear from the above that MT’s claim that the deceased was harassing her is demonstrably false. b) MT claimed that the deceased was her ex-boyfriend and she has had no contact with him for the last one year and that the deceased was jealous and angry because of this and for that reason, committed suicide. MT further claimed that for the last one year (prior to the incident), she had broken off the relationship and was keeping her distance (Statement of 13/14.06.2017). In the Revision Petition filed by MT against the order directing registration of FIR dated 17.02.2018, she claimed that she discontinued her relationship with the deceased 4 months prior to the date of incident. However, MT and deceased voluntarily rented a hotel room for the whole day on 11.06.2017, and again attempted to do so on the morning of 13.06.2017 [Letter of Mohd. Shoeb (Staff of Hotel Radisson Blu, Dwarka) dated 29.08.2017]. They had also travelled to Jaipur, Rourkee, Kasauli, Rishikesh etc., few months before the incident (Photos and documents at Page nos.103-115 of the WP). In fact, they called and messaged each other over 136 times between 11.06.2017 and

13.06.2017, and MT called the deceased five times between 8:02 AM-8:16 AM on 13.06.2017. Thus, MT’s claim that she was trying to distance herself from the deceased is patently false. c) MT claimed that she was forced to go to Hotel Radisson Blu, Dwarka on

11.06.2017 and 13.06.2017; fought with deceased on the morning of

13.06.2017 and went to sleep immediately after the deceased entered her apartment. However, MT’s statements are inconsistent. In her first statement, she had not mentioned anything about the hotel visit on 13.06.2017. Moreover, in the statement of Pavitra Kumar, employee of Hotel Radisson Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 Blu, Dwarka who was present on 11.06.2017, he claimed that both the deceased and MT “seemed happy”. The room was booked on “day basis” under the name of MT and the Aadhaar Card of MT was provided, and the deceased and MT stayed in Room No.720 from 7:40 AM till 4:30 PM on

11.06.2017. Throughout the night of 12.06.2017 and early morning of 13.06.2017, MT, deceased and their friends partied at various places in Sainik Farms, Noida etc. Thus, the above clearly shows that MT’s claim that she was forced to spend the day of 11.06.2017 and the night of 12.06.2017 with the deceased, is demonstrably false. II. Discrepancies in the time of discovery of the body d) There are significant discrepancies in the time of discovery of body of the deceased and there is a significant delay in reporting by MT to the authorities, of the same. Both these aspects have been completely overlooked by the investigating agency. MT first stated that on 13.06.2017, she discovered the body of the deceased at 4:30 PM when the landline phone rang. However, SI Nand Kishore in his Return DD Entry No.03, inter alia, mentioned that MT discovered the deceased’s body at 12:00 PM. e) Pursuant to an application filed by the petitioner before the learned CMM, seeking directions to the SIT to investigate the time of discovery of the body and delay in reporting the same, the learned CMM passed an order dated

12.10.2022 observing that “there are glaring discrepancies in the time of death given by Megha Tiwari and her father, in the various reports and statements recorded of her and the father by different police officials, which are obvious to this court, but for some reason, the police officials are Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 determined to look in the opposite direction…”. Thus, further investigation on this aspect was ordered. Vide Status Report filed on 16.09.2022 and

14.12.2022 before the learned CMM, the investigating authorities claimed that they have ‘clarified’ from ASI Nand Kishore on the time of discovery of the body mentioned by him in the Return DD Entry. It was stated that since he did not carry out the investigation, his statement has “no evidentiary value”. f) Further, MT in her statement dated 30.08.2017 mentioned that she discovered the body at 4-4:30 PM. However, the Status Reports dated

21.12.2017, 30.07.2018 & 13.05.2019 claims that she discovered the deceased’s body at 3:30 PM (Pg.124 of the WP and Status Report filed on

13.05.2019). Status Report dated 28.04.2017 claims that MT discovered the body at/around 4:00 PM. (Pg.242 of WP). Based on this, it was submitted by the petitioner that change of version from 12 noon to 04:00-04:30 PM is itself highly suspicious. Even assuming the discovery time as 04:00 PM, MT took 1.5 hours to inform the police and MT admittedly tampered with the condition of the body, since she cut the ligature 40 mins prior to the PCR call. Moreover, the call made to PCR was not made by her but by the caretaker of the society on the instructions of the Management Committee. g) MT has made various discrepant statements about the position in which she found the body of the deceased (from hanging freely to being already on the bed in a kneeling position) and the investigating agency has accepted her version without question. Post Mortem Report which was based on the Inquest Report, concluded that the deceased was found in a hanging condition and the ligature was cut and the deceased was brought down by MT. PCR call also Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 stated the same. However, subsequent statements of MT are that deceased’s elbows were on the bed and the rest of his body was on the floor. (Statements of MT dated 13.06.2017 and 30.08.2017). This is also now the version being accepted by the prosecution in the Status Report submitted to this Court. The investigating authorities have been unwilling to even consider any version contrary to the interests of MT and at all stages, under different officers, have acted in a manner that sabotages the fair investigative process. III. Non-registration of FIR by investigating authorities h) It is pertinent to note that the investigating authorities did not register any FIR due to which the petitioner was constrained to file an application under Section 156(3), Cr.P.C. r/w Section 200, Cr.P.C before the learned CMM, Dwarka Courts. By a detailed order dated 17.02.2018, the learned CMM directed the registration of FIR and transferred the investigation from Insp. Sunil Jain to another and sought explanation from Insp. Sunil Jain and the Commissioner of Police on the lapses in investigation. Learned CMM noted various disturbing facts in the conduct of investigation (including that the police was acting with a predetermined mind to declare the case as suicide). i) The learned CMM, inter alia, observed that, (i) there was discrepancy in the narrative regarding the fan; (ii) the photographs were evidently being kept out of the police file; (iii) MT was being evasive and untruthful; (iv) presence of ligature mark at the back of the neck is normally present in the cases of strangulation; (v) there seems to be a predetermined mind to declare this a suicide and even the polygraph was conducted in a rudimentary manner; (vi) the photographs in which the injuries were seen and brought on record by the petitioners do not appear in the police file. Thereafter, the DCP had filed a Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 Status Report stating that the lapses, if any, in the investigation done so far could only be pointed out after completion of investigation of the case. Thus, from the very beginning, the object of the officers of the Crime Branch is to shield their own and all the investigation has been being conducted with a view to perpetuate the initial investigation. IV. Discrepancies in the photographs of the crime scene j) Crime scene investigator claimed to have taken only 10 photographs which were made part of the police file, but after nearly 1 year and 9 months. On 13.06.2017, HC Banwari Lal, crime team photographer took photos of the crime scene. There is neither any record of how many pictures were taken by him in any record of the investigating agency, nor any document to show when, where and how many photos were handed over to IO. Initially, Crime Branch said it received 10 photos taken by Banwari Lal (Pg. 151-158 of WP). However, no photo of the fan from which deceased was allegedly hanging was taken. k) On 10.02.2018, the petitioner anonymously received some photos (Pg. 141-150 of WP) which were not the same as the photographs available on the police file according to the Crime Branch. These were brought into investigations vide order dated 17.02.2018 by the learned CMM. Until this date, Crime Branch feigned ignorance about these photographs. The photos received by the petitioner showed a lot of dust and cobwebs on the fan. The Crime Scene Report does not makea mention of this. In this regard, it is pertinent to note the observations of learned CMM in his order dated

28.04.2018 (Pg. 230-231 of WP). Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 l) Petitioner moved applications on 22.12.2018 and 12.02.2019 to bring negatives of 21 photos taken by the crime team on record. Learned CMM, vide orders on these dates, directed IO to produce negatives of the same. Curiously, in compliance with the orders, IO Richpal Singh brought the same 10 photos received by the petitioner anonymously claiming they were part of the police file. No explanation was offered as to why the investigating authorities earlier feigned ignorance pertaining to the same. Further, it is not clear who took the first 10 photos which were part of the police file and there are no negatives of the same. The above clearly demonstrates glaring omissions on part of the investigating authorities with regard to the material evidence i.e., photographs of the crime scene. V. Non-seizure of the fan & discrepancies in the statement of RT m) The ceiling fan from which the deceased allegedly committed suicide by hanging was neither seized, nor properly examined by the Crime Scene Team and was allowed to be disposed off by the father of MT. Moreover, photographs of the fan clearly show dust and cobwebs on it. Crime Scene Report makes no observation on this and does not even refer to the fan being brought down. The said Report claims that grey powder was used for lifting fingerprints from the fan, and only because of this, the FSL found dust disturbed on the top side of the fan but undisturbed on the lower side. n) RT in his statement dated 13.06.2017 was silent on the fan. However, on

30.08.2017, he claimed that the fan blades were bent and hence, sold to scrap dealer. However, it is pertinent to note that there was no such finding in Crime Scene Report or in the statements of others at the spot and even the photographs belie this statement. In fact, Crime Scene Report was available Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 only on 10.11.2017 even though Crime Scene Team came to the spot on

15.06.2017. CSR clearly states that the fan blades were intact (Pg. 35 of the reply dated 28.08.2018 filed in WP) (Also see statement of MM dated

17.06.2017 and 14.06.2017). Even the learned CMM’s order dated 17.02.2018 and 23.03.2018 notes the discrepancy with respect to the fan. Moreover, RT in his statement recorded by the IO in the Case Diary No.13 dated 03.04.2018, improved his prior statement by stating that he removed the fan and kept it on the roof of the building and as it gathered rust, he sold it off after two months. On further questioning, he stated that the blades had no bent when he removed it. Further, MT’s Revision Petition bearing No.182/2018 claimed that the fan was removed after taking permission from the police. VI. Anticipatory Bail application of MT o) Investigating authorities did not oppose the anticipatory bail application of MT, and in fact specifically stated before the Court that her custodial interrogation was not being sought. However, this information was withheld from the learned CMM. The petitioner was not even informed about the said anticipatory bail application of MT by the IO. On 22.03.2018, there was a response by IO resisting the said application of MT, however, by a hand written endorsement of the IO stating that MT was not required to be arrested, the bail application was withdrawn by MT on 22.03.2018. (Pg.205 of WP). In the Status Report dated 28.03.2018 filed before the learned CMM, the fact of anticipatory bail application filed by MT came to the knowledge of the petitioner who brought it to the notice of learned CMM on 10.04.2018. IO, even on 10.04.2018, stated that he did not know the reason why MT withdrew the said bail application. (Pg.191, 214, 225 of WP) Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 VII. Tampering of mobile phones after seizure p) Two mobile phones of deceased (Samsung and Xaomi), and one phone of MT (Motorola) were not satisfactorily seized and MT, who was the only person present during death of the deceased, was allowed access to her phone until atleast 10:30 PM on 13.06.2017. MT was locked in the flat/scene of crime until such time, citing “security reasons” and CDR records confirm the same (Statement of RT and Pg. 12 of Status Report dated 13.05.2019; CDR records). Further, shockingly, the police officials accessed the phones post seizure and altered material therein, despite allegedly sealing the phones after seizure. Even the manner of recording seizure is unsatisfactory as no IMEI of MI phone of deceased was noted. Moreover, there was no attempt by the investigating agency to get clone/mirror image of the phones, until the petitioner filed an application on 16.01.2019 before the learned CMM (Orders dated 22.12.2018 and 02.02.2019 of the learned CMM directing to obtain clone copies of the phones). q) MT was allowed to retain possession of her phone at least until 10:30- 10:45PM (i.e. 4 hours after arrival of police) when she went to PS, though the seizure memo of MT’s phone states that it was seized at the spot. Phones were sent to the FSL for analysis only on 15.11.2017, and the report was received on 01.03.2019 and thereafter, filed before the learned CMM on 08.03.2019. MI phone of the deceased couldn't be examined by the FSL (Orders dated

24.05.2019, 21.08.2019 and 21.12.2019). There is clear evidence of tampering and deletion of texts, calls, contacts etc. post seizure. (Note: Column in the Extraction Report titled Deleted states 'Yes' and marked in red). Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 r) Prosecution claims that the phone of MT was seized in switched ‘ON’ mode, however, the ‘Powering Events’ in CFSL Clone of MT’s phone shows that it was switched ‘ON’ 22 times after the seizure (FSL Report in the police file). It was also discovered that the phone of MT received calls on

22.06.2017, nine days after the seizure, even though there were no calls between 14.06.2017 and 22.06.2017. The investigating authorities have provided no response in relation to the above. As per the Status Report dated

13.05.2019 filed before this Court, the stand of prosecution is complete denial and no explanation has been tendered for tampering of the phone or why MT was allowed to retain her phone. s) Additionally, learned counsel for the petitioner, during arguments on

15.11.2025, handed over a photograph to submit that the manipulation and tampering of the seized phone of MT is apparent. In that, by pointing out at the date of creation and deletion of the photograph, which is recorded as

15.06.2017, he contended that once the phone was seized on 13.06.2017, there is no question of any photograph being taken on 15.06.2017; hence manipulation or tampering with the material evidence is established. VIII. Overall conduct of investigation t) The conduct of investigation has been severely commented upon in various orders of the learned CMM who was monitoring the investigation. Several abhorrent lapses in the investigation have been noted by the learned CMM. On 25.05.2018, learned CMM observed that successive investigating officers are taking the same line of investigation as their predecessors, showing exceptional stubbornness and resistance to even the possibility of an alternative view. On 07.07.2018, the learned CMM observed Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 the lapses by the police in procuring telephone records of the various witnesses/accused persons despite repeated directions of the Court, and the poor manner in which the statements of the friends of the deceased were recorded. It was also noted that the SIT was only answering questions which supported the line of investigation but provided no answers when questioned on the lapses in the same. u) In the order dismissing the Revision Petition filed by MT, the learned Sessions Judge observed that even though it is claimed that the deceased has committed suicide, it is not disputed that the cause of suicide is not known to anyone. Further, that no case has been made out that the deceased was under depression or having suicidal tendencies, making it more important to find the cause of suicide.

15. Thus, basing the case on the abovementioned discrepancies, Mr. Aggarwal, learned senior counsel for the petitioner prayed that the investigations in the present case be transferred to the CBI. CONTENTIONS OF THE RESPONDENT No.1/State:- 16. Appearing for the respondent no.1/State, Mr. Amol Sinha, learned Additional Standing Counsel (ASC) refutes the allegations and contentions urged on behalf of the petitioner. He submitted that the version put forth by the petitioner is a result of an imagination far from the truth and devoid of any merit on account of lack of evidence, whether oral or documentary. He stated that a telephonic call was received by the PCR on 13.06.2017 at 5:25 PM stating that a boy has committed suicide in Shakuntalam Apartments. He stated that the Managing Committee of the Shakuntalam Apartments made that telephonic call Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 through its security guard. It is stated that immediately, the police swung into action without wasting any further time. Once the police authorities reached the scene of the incident, proper procedure as prescribed in law was undertaken including initiation of proceedings under Section 174 of the erstwhile Cr.P.C.,

1973. Statements of the relevant witnesses including MT, her father – RT, friends of the deceased as well as of MT, the security guard and the concerned office bearers of the Shakuntalam Apartments were also recorded. The body of the deceased was taken into custody and sent to Deen Dayal Upadhyaya Hospital. The phone of the deceased (two in number) as well as that of MT alongwith other material objects, including the ligature, was also seized on the very same day. 17. Learned ASC submitted that as per the version of MT, she allowed the deceased to enter her flat after much persistence on the morning of 13.06.2017. As the deceased was continuously harassing and insisting her to come back into his life, which she refused, she went to the other room, locked herself and slept. She had woken up at around 4:25 PM when the landline phone rang in the other room. She stated that it was then that she saw the deceased hanging from the ceiling fan. It is the case of the prosecution that it was the father of MT who had called up on the landline and upon being informed of the incident, had rushed back from his office at Nehru Place. In the meanwhile, as per the prosecution, the father made a call to the security guard of the Shakuntalam Apartments requesting him to visit the flat, which was refused by the security guard. Learned ASC stated that after consultation with the Managing Committee of the said Apartments, the security guard made a phone call to the PCR at 5:25 PM. It is stated that the PCR reached around 5:30 PM and called the local Police Station Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 for assistance. According to learned ASC, the diary entry of the PCR reflected that MT discovered the body around 40 minutes back and in the meanwhile, she had cut the ligature cloth and brought the body down. SI Nand Kishore is stated to be the first police official who had reached the scene of incident and had made a note indicating that MT discovered the body at 12:00 PM. Learned ASC stated that this statement was clarified later by SI Nand Kishore by stating that he had wrongly noted the time since he had made the initial note late in the evening of

13.06.2017 only upon recollection, which may have been faulty. 18. Mr. Sinha further stated that the postmortem of the deceased was conducted by All India Institute of Medical Sciences, New Delhi (hereinafter referred to as “AIIMS”) on 17.06.2017, on the request of the father of the deceased made to the HOD, DDU Hospital. Accordingly, the postmortem was conducted by AIIMS which was also videographed, and is available in the Court records. He stated that contrary to the allegation that the deceased alongwith MT and others had consumed drugs and other narcotic substances, no such traces of drugs etc. were found during either the postmortem or later on by the FSL in the Viscera Examination Report. Infact, the Post Mortem Report clearly indicated the cause of death as “Asphyxia as a result of antemortem hanging” and further noted that, “Nothing found suggestive of any foul play in postmortem examination. Hanging death are generally suicidal in nature”. Thus, on that basis, he submitted that the ligature mark on the deceased was consistent with the theory of suicide. In view of the above, learned ASC contended that the oral and the medical evidence clearly pointing out unequivocally to the probability of death by suicide, left no room for the police authorities to rule out otherwise and investigate the incident as if it is one of homicide. Thus, according to learned Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 ASC, the investigations conducted by the local police authorities at the initial stage as also by the SIT of Crime Branch, both being ad idem on the theory of suicide, cannot be found fault with. Therefore, the theory of homicide or murder of the deceased put forth by the petitioner is a figment of imagination devoid of any evidence whatsoever, whether oral or medical and thus, the writ petition lacks merits and ought to be dismissed. 19. Delving upon the facts as collated by the prosecution after having examined all the relevant witnesses, learned ASC stated that the version of the prosecution aligns well as is in tune with the facts as discovered during the investigation. He stated that it is undisputed that MT and deceased were colleagues apart from the fact that both were in a relationship for the last 2-3 years before the date of incident. He further submitted that on an analysis of facts as collated from the statement of MT as also the friends of both parties, it was revealed that MT was trying to distance herself away from the deceased from the last many months. He also stated that the statements of the friends also revealed that the deceased was over possessive and obsessive of MT and was not ready to understand that MT did not want to proceed ahead in the relationship. In order to buttress this aspect, he referred to an incident in the month of March, 2017 revealed by the ITC to the SHO regarding a complaint dated 22.03.2017 made at 11:15 PM by MT against the deceased stating that the deceased was harassing her at her place of work. Moving on further, learned ASC submitted that on

11.06.2017, admittedly, a room was booked in Hotel Radisson Blu, Dwarka. He stated that as per the statement of MT in this context, the deceased had forcibly taken away the phone and purse belonging to MT and coerced her to accompany him to Hotel Radisson Blu. MT also stated that both of them had spent the whole Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 day in the hotel room. It is further stated that MT was in open relationships which was also corroborated by the statements of the friends of MT and the deceased, which was not to the liking of the deceased. 20. Mr. Sinha referred to a number of text messages exchanged between the deceased and MT on 12.06.2017 to substantiate the fact that MT was trying to distance herself away from the deceased and as to how the deceased was unable to let go off MT and was harassing her. The said messages are extracted hereunder:- Date 12.06.2017 Time From 2:55 Arnav To Megha Message Y u wnt 2 blame me 4 thngs I havnt don things that haven’t occurd yet 4 things responsibility 4 I am sory but nt wrng I saw it frm my eyes Not now please hath jodd rahi hoon they dnt wnt 2

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12.06.2017 03:09 03:38 03:45 04:00 04:09 04:15 Megha Arnav Arnav Megha Col me 4 once its imp Arnav Megha Arnav Megha Arnav Megha Arnav Megha Can I pls knw what is wrng wid t y r dng this drama agn col me its imp then u wil b at wrk n not talk What r u up 2 megha I need u 2 talk that is d least sinc yesterday I am trying Til d tim u dnt stp lying n jst build stories 4 gossip n 2 get sympathy n attention from every 1. U wil fail at every test/ step of life See agn when u get caught u jst run Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018

12.06.2017 04:17 Megha Arnav F**k off arnav I can’t handle it crap and I am not scared off u or anyone in this world even if I am sleeping with somebody I can twll it in open. I don’t even want to explain anything to a maniac like you jisko har baat or shaq or bakchodi krni hto h u r absolutely out of my life and I am sorry that I request for a favour from u abse Mar jaungi tujje call nai jaeha bye forever literally forever Bby I lov u bas chup ho ja pls chup ho ja I cnt tak it pls stp this I am dying 2 talk n u r wanting me 2 die Every tim I talk 2 u tell me go away u get me close n den say go die why megha y do u actually hate me so mvch that I deserve to die If u wil only keep fighting wid me how do u think it wil get sorted u want me think abt u only or do seome wrk that wovld mak u smil Col Arnav Megha Arnav Megha Arnav Megha Arnav Megha

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13.06.2017 04:22 04:27 04:40 06:48 09:00 11:28 01:32 01:36 08:00 Arnav Megha Col now Arnav Megha Arnav Megha If u feel that I wish the worst for u n hate u I realy fail to understand what has been put in ur head Its 3 n u stil wana kil tim as always Arnav Megha Then put d blame on me Arnav Megha Col

21. He stated that as per the statements recorded by the IO of MT and the common friends, the deceased alongwith SC picked up MT and went to the residence of QZ where they picked up QZ and HK from Safdarjung Enclave. He Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 submitted that as per the statement of MT, she requested QZ and HK to accompany her as she was uncomfortable with the deceased. On the basis of the statements recorded of the said friends, it was revealed that all of them had visited various places in Delhi NCR region including a place called “Maggi Point” in Noida and three other places in the intervening night of 12/13.06.2017. As per the statements, the deceased alongwith the aforesaid persons first dropped SC at Malviya Nagar and then QZ and HK at their house in Safdarjung Enclave. He further stated that the deceased and MT thereafter went to Hotel Radisson Blu, Dwarka around 7:15 AM, however, decided to instead go to the residence of MT at Shakuntalam Apartments, where they reached around 8:00 AM on

13.06.2017. Based on the statement of the security guard concerned in the morning shift, the deceased, after dropping MT inside the apartment, came out of the apartment, parked his car outside and re-entered the apartment by entering his name as ‘Atul’ in the Entry Register. He stated that as revealed by the examination of the CCTV footage available of the ground floor of the Apartment Block, where MT resided, the deceased was seen climbing stairs with a bottle of wine and a box of cigarettes as per the version of prosecution, while the petitioner contended that it was a box of cheese and not cigarettes. In the meanwhile, between 8:00 AM and the time when MT permitted the deceased to enter the flat, there were a number of calls made by the deceased which were not answered by MT and around 5-6 calls emanating from MT to deceased, out of which three calls were attended by the deceased. Only at 8:01 AM, a call lasting about 558 Seconds (Approx. 9 Minutes and 17 Seconds) was made by MT to the deceased. Thereafter, according to the statement of MT, as the deceased was continuously banging the door, he was permitted to enter the flat by MT around Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 10:00 AM. Mr. Sinha stated that thereafter, there was no call made by MT till the body of the deceased was discovered by her around 4:30 PM. 22. Having submitted the aforesaid version as put forth after collation of necessary facts and statements of the witnesses, learned ASC raised the following contentions:- a) So far as the allegation of the petitioner regarding purported discrepancies in the number of photographs taken or placed in the police file as also the Court file is concerned, learned ASC stated that 8 photographs were taken by SI Ghanshyam of the body of the deceased for reference to the postmortem alone. He stated that 10 photographs on the same date were taken by the Crime Team of the scene of incident including the photo of ceiling fan. Thereafter, 101 photographs of the entire scene of crime were taken by the FSL on 15.06.2017 which also included various photos of the fan. He asserted that all the photographs were on record and duly analyzed. He contended that only 5 photographs were submitted by the petitioner before the Court. In short, his contention is that the allegation is false at the very inception itself inasmuch as the record clearly indicates that all the photographs, relevant or otherwise, were subsequently made available either in the police file or in the court records. b) So far as the allegation of non-seizure of the ceiling fan and the wine bottle is concerned, learned ASC categorically argued that usually, in the cases where a person commits suicide by hanging from the fan, those are not seized. This is for the reason that the photographs taken by the forensic team as well as the crime team are considered sufficient in the course of investigations as relevant proof before the Court of law. In fact, it is not Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 disputed by the petitioner that the FSL Team did infact conduct test to collect chance prints from the fan, which was found in the negative. Thus, that reason too propelled the prosecution not to seize the fan. So far as the failure to seize the wine bottle is concerned, he stated that since the same was not found in the room where the body of the deceased was found, it was not considered to be a relevant piece of evidence. Moreover, he stated that the scene of incident was completely locked and sealed ensuring no one could manipulate or tamper with the evidence available inside the flat. He drew support from the Post Mortem Report dated 17.06.2017 as also the Viscera Examination Report dated 29.09.2017 etc. to state that neither any drugs nor psychotropic substances or any poisonous metals etc. were traced in such examination and thus, the non-seizure of the wine bottle would not be fatal to the investigations conducted by the IO at that point of time. c) So far as the allegation of tampering or manipulation of the mobile phone of MT (seized in switched ON condition), getting switched on and switched off after the seizure (between 13.06.2017 to 23.06.2017) in the Malkhana is concerned, learned ASC stated that the same has been clearly answered by Dr. Jagjeet Singh, Senior Scientific Officer, FSL, New Delhi that there are two possibilities under which such incident may occur. One, that possibly it occurred on manual interference and two, the power button may have got stuck in the box where it was kept in a sealed condition leading to the mobile phone getting switched on and switched off on its own. Keeping in view the two divergent and alternative views submitted by the Scientist from FSL, he contended that it may not be proper for this Court to doubt the sanctity and Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 integrity of the manner in which the seized phone of MT was preserved in the Malkhana. Additionally, learned ASC categorically stated that all the messages etc., which were alleged to have been deleted while the phone was kept sealed in the Malkhana, were found to have no crucial or incriminating content. He relied upon the oral explanation tendered by Dr. Jagjeet Singh, the Senior Scientific Officer, FSL that when the phone is switched off, the files perish automatically and thus, are shown as deleted. Apart from this, few program files and cache files also get automatically deleted from the RAM. Based thereon, he contended that not only was the phone seized properly and kept un-tampered in the Malkhana but also that whatever data got deleted from the phone was retrieved by the FSL and analyzed by the IO, which had no incriminating content. Further, learned ASC referred to the relevant pages in the Extraction Report to show that a number of calls and telemarketing messages were received on the mobile phone of MT between 13.06.2017 when it was seized and sealed and kept in the Malkhana, till 23.06.2017. He stated that none of the calls were received during that period and as such, the allegations made by the petitioner are unfounded. d) In order to allay the misapprehension of the petitioner that the incident involving the death of the deceased is one of homicide and not suicide, learned ASC drew attention to the Post Mortem Report dated 17.06.2017 generated by the Department of Forensic Medicine and Toxicology, AIIMS. By referring to the relevant portions, he forcefully contended that the reading of the entire Post Mortem Report alongwith the opinion rendered by the Medical Board at the end clearly indicates that the deceased died due to Asphyxia as a result of Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 antemortem hanging, which cannot be disputed. The fact that no such antemortem injury was found on the body of the deceased also indicates that there was no assault which the deceased suffered. The medical evidence on record clearly demonstrates the case to be one of suicide and not otherwise. e) In order to rule out even the slightest doubt regarding the involvement of MT with the suicide committed by the deceased, MT was put to a Polygraph examination. The Polygraph examination and the questions put to MT, as per the standardized guidelines, did not reveal that MT was involved in any manner whatsoever with the incident. Additionally, learned ASC also submitted that the said examination was conducted by the Central Forensic Science Laboratory, CBI which is a completely independent agency and even the IO was not present at the time of examination. In fact, he stated that the Polygraph Examination Report generated does not indicate anything incriminating against MT and infact notes that MT was truthful in her answers on the issues No.(i) to (v). In that view of the matter too, he stated that there was no foul play in the death of the deceased as per the Post Mortem Report read with Viscera Examination Report nor was MT involved in any manner as per the Polygraph examination conducted. f) Learned ASC vociferously contended that the petitioner has selectively highlighted isolated aspects of the investigation in order to create a misleading impression that no meaningful steps of investigation were taken by the police authorities. In short, he submitted that multiple statements of the witnesses and all the people involved were recorded; mobile phones of the deceased and MT as well as car seat covers of the deceased were seized and sent for scientific examination to the FSL; CCTV footage, ligature material and Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 scissors found on the bed were also seized. The CDR of all the people involved including the friends of the deceased as also MT and the father of MT were collected, collated and analyzed by the police authorities. It was thereafter that further investigation was placed before the SIT and a very high ranking officer monitored the entire investigation process. After having undergone such numerous investigation process and being monitored by police officer of the rank of ACP/DCP, the Final Report/Closure Report was filed before the learned CMM on 20.09.2024. Predicated on the aforesaid submissions, learned ASC contended that no fault can be found with the investigation process or with the evidence collected, either the manner in which it was collected or in the manner in which it was examined and analyzed. He also contended that a baseless and desperate argument and allegation that the investigation was influenced by the father of the accused, as he was an employee of a subsidiary of M/s. Augusta Westland is being made by the petitioner, only to cause prejudice and nothing more. g) Learned ASC also submitted that the prosecution did not leave anything to chance. Even the CCTV footage of the apartment block in which MT resided was obtained and analysed. According to him, no one entered or left the flat after the deceased entered (around 08:00 AM) except a delivery boy who had visited the flat of MT to deliver an order of footwear. He stated that the said delivery boy was traced and questioned who revealed that he had reached the flat at around 01:10 PM and despite ringing the door bell a number of times, no one opened the door and hence he had to return without completing his delivery. As per the statement of the delivery boy, he did not hear any voice from the said flat. Mr. Sinha asserted that thereafter, till MM i.e., the friend of Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 MT reached the flat around 4:45-5:00 PM on 13.06.2017 followed by the father of MT i.e., RT and later, the police officers, no person went inside the flat. He also informed that on the floor of the flat, there is only one more flat bearing Flat No.440 which is not occupied and remains locked. Thus, there is no other suspicious person or act or circumstance on which the prosecution could base its theory except suicide. h) Mr. Sinha strenuously argued that the submission of the petitioner that the father of MT had influenced or interfered with the investigations or brought pressure on the police officers to change the course of the investigations is false and frivolous inasmuch as nothing concrete has been placed on record to substantiate such wild allegations. He stated that the father was rendering services in the Indian Navy and post retirement, was employed as a Regional Head of India and Nepal in the Indian subsidiary of M/s. Augusta Westland. He also stated that the flat in question is a very small and modest 2 BHK accommodation which depicts a man of modest means. He forcefully opposed the submission of the petitioner that the father of MT was a highly influential man only on account of employment in a company related to M/s. Augusta Westland. Apart from oral arguments, the petitioner has failed to demonstrate any activity on the part of the father which would lead a prudent person to entertain the thought about the father of MT influencing the investigations. He categorically asserted that the investigations were conducted in a very professional and dedicated manner completely independent of any influence. Further, it was also submitted that the entire investigation was being monitored by a high ranking officer like the DCP. Thus, according to him, this submission too is wild and imaginative and should be rejected. Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 i) Regarding the photograph shown and handed over by the counsel for the petitioner during arguments on 15.11.2025, purported to be dated 15.06.2017, to allege open manipulation, he explained that when the FSL received the seized phone of MT on 15.11.2017, it was accessed for data extraction. He further explained that when FSL accesses a phone for data extraction, it would backdate the phone to a particular date for the purposes of limiting the last date of extraction prior to which the entire data is extracted. In the present case, according to learned ASC, the FSL backdated the extraction to

15.06.2017. He also pointed out that the brown case file visible in the photograph clearly indicates the date of 15.11.2017 i.e., the date when the phone was received by FSL, meaning thereby that the said photograph could not have been taken before 15.11.2017 or as alleged, on 15.06.2017. j) Learned ASC finally contended that it is not as if the petitioner is without any remedy even at this stage inasmuch as the concerns raised in the present writ petition, though unfounded, can still be urged before the learned CMM in a protest petition which may be filed against the Closure Report. Having regard to the fact that the petitioner has an efficacious alternative remedy to urge the very same grievances before the appropriate Court of law, this Court in exercise of its writ jurisdiction may not entertain the writ petition. More so, since the entire premise on which the present writ petition is predicated, involves highly disputed questions involving complex facts which cannot be and ought not to be entered into by this Court in a petition under Article 226 of the Constitution of India, 1950. In that view of the matter, he prayed that the present writ petition being devoid of merits, be dismissed. Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 ANALYSIS & CONCLUSION:- 23. The task before this Court, to say the least, is akin to walking the razor’s edge. In that, on one side, there is the emotion of a mother who has lost her only son in circumstances which she believes are not innocent while on the other is a young girl, who has been caught in such tragic and unforgiving circumstances, trying to extricate herself from what could become a cruel fate. 24. Before this Court proceeds to analyse and apply the standards of basic investigative requirements, it would be appropriate to examine the law as enunciated by the Hon’ble Supreme Court while exercising powers under Article 226 of the Constitution of India to transfer investigations being conducted by the local police to a more specialized and scientific investigative institution like the Central Bureau of Investigation (CBI). Rather than delving upon the deluge of judgments, it may be more appropriate to consider a few which have laid down the principles governing such transfer. It would be paramount to undertake this exercise since undoubtedly, the primordial principle laid down is that the Constitutional Courts ought to tread with caution and extreme circumspection before passing any order transferring investigation from the local police authorities to the CBI or equivalent. However, in all those cases where the Courts have allowed transfer, the divergence to the settled principle was only based on the facts arising in the case compelling the Courts to consider otherwise. The judgements laying down the aforesaid principle are as follows:- (i) Himanshu Kumar vs. State of Chhattisgarh: (2023) 12 SCC 592 “Position of law 44. It is now settled law that if a citizen, who is a de facto complainant in a criminal case alleging commission of cognizable offence affecting violation of his legal or fundamental rights against high government officials or influential Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 persons, prays before a court for a direction of investigation of the said alleged offence by CBI, such prayer should not be granted on mere asking.

45. A Constitution Bench of this Court, in State of W.B. v. Committee for Protection of Democratic Rights [State of W.B. v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571], has made the following observations pointing out the situations where the prayer for investigation by CBI should be allowed. levelled some allegations against “70. … Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such powers should be exercised, but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.” (emphasis supplied)

46. In the above decision, it was also pointed out that the same Court in Minor Irrigation & Rural Engg. Services, U.P. v. Sahngoo Ram Arya [(2002) 5 SCC 521] , had said that an order directing an enquiry by CBI should be passed only when the High Court, after considering the material on record, comes to the conclusion that such material does disclose a prima facie case calling for an investigation by CBI or any other similar agency.

47. In an appropriate case when the Court feels that the investigation by the police authorities is not in a proper direction, and in order to do complete justice in the case and if high police officials are involved in the alleged crime, the Court may be justified in such circumstances to hand over the investigation to an independent agency like CBI. By now it is well-settled that even after the filing of the charge- sheet the court is empowered in an appropriate case to hand over the investigation to an independent agency like CBI.

48. The extraordinary power of the constitutional courts under Articles 32 and 226, respectively, of the Constitution of India qua the issuance of directions to CBI to conduct investigation must be exercised with great caution as underlined by this Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 in Committee for Protection of Democratic Rights [State Court W.B. v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571] as adverted to hereinabove, observing that although no inflexible guidelines can be laid down in this regard, yet it was highlighted that such an order cannot be passed as a matter of routine or merely because the parties have levelled some allegations against the local police and can be invoked in exceptional situations where it becomes necessary to provide credibility and instil confidence in the investigation or where international ramifications or where such an order may be necessary for doing complete justice and for enforcing the fundamental rights. incident may have national or

49. We are conscious of the fact that though a satisfaction of want of proper, fair, impartial and effective investigation eroding its credence and reliability is the precondition for a direction for further investigation or re-investigation, submission of the charge-sheet ipso facto or the pendency of the trial can, by no means, be a prohibitive impediment. The contextual facts and the attendant circumstances have to be singularly evaluated and analysed to decide the needfulness of further investigation or re-investigation to unravel the truth and mete out justice to the parties. The prime concern and the endeavour of the court of law should be to secure justice on the basis of true facts which ought to be unearthed through a committed, resolved and a competent investigating agency.

50. The above principle has been reiterated in K.V. Rajendran v. State of T.N. [(2013) 12 SCC 480]. Dr B.S. Chauhan, J. speaking for a three-Judge Bench of this Court held : (SCC p. 485, para 13) “13. … This Court has time and again dealt with the issue under what circumstances the investigation can be transferred from the State investigating agency to any other independent investigating agency like CBI. It has been held that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having “a fair, honest and complete investigation”, and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies.”

51. Elaborating on this principle, this Court further observed: (K.V. Rajendran case) “17. … the Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018 exceptional cases. Such as where high officials of State authorities are involved, or the accusation itself is against the top officials of the investigating agency investigation, and further that it is so necessary to do justice and to instil confidence in the investigation or where the investigation is prima facie found to be tainted/biased.” thereby allowing influence

52. The Court reiterated that an investigation may be transferred to CBI only in “rare and exceptional cases”. One factor that courts may consider is that such transfer is “imperative” to retain “public confidence in the impartial working of the State agencies”. This observation must be read with the observations made by the Constitution Bench in Committee for Protection of Democratic Rights, that mere allegations against the police do not constitute a sufficient basis to transfer the investigation.

55. The principle of law that emerges from the precedents of this Court is that the power to transfer an investigation must be used “sparingly” and only “in exceptional circumstances”. In assessing the plea urged by the petitioner that the investigation must be transferred to CBI, we are guided by the parameters laid down by this Court for the exercise of that extraordinary power.” [emphasis supplied] (ii) K.V. Rajendran vs. Supt. of Police: (2013) 12 SCC 480 for having “a fair, honest and complete “13. The issue involved herein, is no more res integra. This Court has time and again dealt with the issue under what circumstances the investigation can be transferred from the State investigating agency to any other independent investigating agency like CBI. It has been held that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary investigation”, and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies. Where the investigation has already been completed and charge-sheet has been filed, ordinarily superior courts should not reopen the investigation and it should be left open to the court, where the charge-sheet has been filed, to proceed with the matter in accordance with law. Under no circumstances, should the court make any expression of its opinion on merit individual. (Vide Gudalure M.J. relating Cherian v. Union of India [(1992) 1 SCC 397] , R.S. Sodhi v. State of U.P. [AIR 1994 SC 38] , Punjab and Haryana High Court Bar Assn. v. State of Punjab [(1994) 1 SCC 616] , Vineet Narain v. Union of India [(1996) 2 SCC] , Union of India v. Sushil Kumar Modi [(1996) 6 SCC 500] , Disha v. State of to any accusation against any Signature Not Verified Digitally Signed By:YASHRAJ Signing Date:27.11.2025 16:13:58 W.P.(CRL) 1695/2018