Every Case of Improper Investigation Cannot Be Transferred to CBI: Supreme Court

The Supreme Court on Monday, while dismissing an SLP seeking transfer of investigation to CBI, orally observed, “every case of improper investigation cannot be transferred to CBI.”

A bench comprising Justices BV Nagarathna and Ujjal Bhuyan heard the matter. 

Senior Advocate R Basant, appearing for the petitioner, argued that proper investigation needs to be conducted.

When asked why the petitioner wants CBI investigation, he replied that the charge sheet had been filed against other accused; however, “I am kept as an accused under section 82(Crpc), this deserves a fair investigation and truth has to be brought out”. Justice B. V. Nagarathna, unconvinced by the arguments, remarked, “Truth will come out on its own. The state agency is investigating. Let us see”.

To this, Basant averred that accused persons are very powerful and influential; thus, an investigation by CBI is necessary. However, Justice B. V. Nagarathna categorically stated that the petitioner could seek discharge or any other appropriate remedy and thus refused to interfere with the impugned order.  “Every case of improper investigation cannot be transferred to CBI", the judge said.

Background of the Case

On 05.05.2020, an FIR was lodged under Sections 376, 506, and 34 of the Penal Code at the behest of the alleged victim. The same was registered in a Police Station in Delhi; however, later, it was transferred to Haridwar Police Station on 09.05.2020. On 16.10.2020, a Final Report was filed before the learned Chief Judicial Magistrate, Haridwar, inter alia, stating that no concrete evidence was found from the allegations levelled by the victim could be ascertained. The victim appeared before the Court and stated that she was satisfied with the Final Report. The prosecutrix filed an affidavit before the learned Chief Judicial Magistrate, Haridwar, by taking a stand that she had not been raped or violated.

However, on 24.07.2021 and 17.08.2021, two additional affidavits were filed before the learned Chief Judicial Magistrate, Haridwar stating that the accused persons, who had already been charge-sheeted in the meantime, and the present petitioner forced her, abducted her, and her mother to give a statement against the accused in that case alleging the offence of rape and offence of molestation. The prosecution filed a charge sheet on 21.05.2022 and 22.07.2022 against seven persons who had already appeared before the learned Magistrate, and charges have been framed. However, the charge sheet has not yet been filed against the present petitioner, and the investigation is still open against her (She is the United States of America).

Subsequently, the petitioner filed a writ petition bearing no. 1695 of 2022 before the Uttarakhand High Court contending that not only the petitioner has no confidence in the investigating agency but also this case of national and international ramifications and, therefore, it should be handed over to CBI. However, the High Court, while dismissing the petition, held that this is not an exceptional case where the investigation should be handed over to the Central Investigating Agency.

Case Title: SLP(Crl) No. 5930/2023: Kusumben Patel Varun Punia V. The State Of Uttarakhand And Ors