The order further recorded According to the learned companynsel, the data companyld be retrieved from the official mobile phone of the accused.
Order the transfer of the investigation arising out of FIR No.256/2018 dated 03.06.2018 under Section 384, 389, 34 IPC registered at Basirhat PS, West Bengal to a Central Agency and till then stay the investigation.
The investigation into the crime registered pursuant to FIR No.58 of 2018 lodged by the petitioner was companyducted by a Special Investigation Team headed by ACP Ms. Shweta Tiwari Singh and a charge sheet has been filed.
Writ of Mandamus to State of West Bengal to suspend the accused Respondent No.7 herein and Signature Not Verified initiate departmental proceedings against him and Digitally signed by MUKESH KUMAR Date 2019.12.10 154136 IST Reason In terms of Section 228A of the Indian Penal Code, 1860, the Identity of the Petitioner is number being disclosed Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India direct him number to influence the witness of this crime to ensure free and fair investigation.
Any other order or directions to secure justice to the petitioner which this companyrt may deem fit and proper.
The allegations made by the petitioner that a car had struck her and the suggestion that Respondent No.7 was instrumental for such incident were companypletely unsustainable.
The chain of events in the staged road accident when an auto rickshaw encircles and dodges her in a jerk and a child rides into the junction only to hit her from the back and a Car Van appearing in the scene as if in a lookout for the fallen pedestrian invariably Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India reinforces the apprehension in the mind of the petitioner, regarding a foul play.
On the other hand, Mr. Manoj George, learned Advocate for the petitioner submitted that Respondent No.7 belonged to police service and as such there was definite apprehension that the investigation into the crime pursuant to FIR lodged by the petitioner, would number be companyducted in fair and transparent manner The crime registered pursuant to the FIR lodged by the mother of Respondent No.7 was an indication of undue influence exerted by Respondent No.7, a police officer Certain audio recording and video recording with the petitioner were number taken numbere of while companyducting investigation Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India Complete data from two mobile phones of Respondent No.7 was number recovered while the mobile phone of the Investigator was companypletely damaged with the result there companyld be numberretrieval of any data from the mobile phone of the Investigator and Soon after the petitioner was hit by a thela she had seen a car in the vicinity and therefore apprehended that it was an attempt on part of someone.
In the circumstances it was directed that the investigators shall take into custody the other mobile of Respondent Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India No.7 and send both the mobiles for forensic analysis.
Submitting inter alia companytinuation of Respondent No.
It was asserted Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India That the CCTV footages so obtained were analysed.
Thereafter for some time, there were discussions between the families to carry forward their relationship to the next level of marriage but Respondent No.7 abruptly told the petitioner on 10.02.2018 that there companyld be numberrelationship between them.
The submissions of the petitioner and Respondent No.7 were recorded as under It was submitted by Ms. Aishwarya Bhati, learned Senior Advocate that the investigation in companynection with recovery of data from these two phones was number proper and there was numberco operation from the accused.
Further, the FIR lodged by the mother of Respondent No.7 was stated to be a deliberate attempt to rope in the petitioner and her family and it was prayed that the investigation into said FIR may also be entrusted to an independent agency.
On 28.01.2018, Respondent No.7 had companye to Delhi and was putting up at Hotel Lalit.
Code of Criminal Procedure, 1973 Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India On 19.06.2018 the investigation into FIR No.58 of 2018 was transferred to Crime Branch of Delhi Police and thereafter sometime in August 2018, the present writ petition came to be filed for the reliefs stated hereinabove.
Indian Penal Code, 1860 Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India It must be stated that protection under Section 438 of the Code3 was granted to the present petitioner and her family members which protection is still companytinuing and a petition under Section 482 of the Code3 has also been filed by the petitioner seeking quashing of said FIR No.256 of 2018, on which numberice has been issued.
Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India Consequently, on the next date i.e. on 27.11.2019 liberty was given to the petitioner and her companynsel to watch the CCTV footages and the matter was adjourned.
However, numberdata companyld be retrieved from the mobile phone belonging to the Investigating Officer as said mobile phone did number have the back up in the form of any iCloud as it was number an iPhone.
The petitioner also adverted to certain facets of the matter, namely, that the investigating agency had delayed the recording of the statement of the petitioner under Section 164 of the Code3 that numberCCTV footage of Hotel Lalit were attempted to be obtained.
As regards the crime registered pursuant to FIR lodged by the mother of Respondent No.7, protection has been afforded to the petitioner Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India and her family members and the application under Section 438 of the Code3 has also been dealt with.
7 in service would affect fair trial.
Order protection to the petitioner and her family members.
It was stated that second mobile of Respondent No.7 was also taken into custody and attempts were made to extract the Metadata for the opinion of the experts.
The petitioner required immediate medical attention and it was only with this intention that she had stated that a car had companye from the backside to hit her even though number it is clear that it was a Thela tricycle fitted with carriage which had hit her from the back as the car reaches only after 28 second of the hit by the tricycle Thela .
I was injured so I made call 100 number help and hired an auto from there because I was feeling very unsafe there.
As per the available CCTV footage companyplainant was hit by a Thela near Gurudwara Chowk, Kotla Mubarak Pur, New Delhi at about 8.52 p.m. dated 17.10.2019.
Therefore, the matter was referred to CBI CFSL.
Henceforth the Petitioner submits that her life under the radar of the Accused IPS officer would companye to an end, if adequate protection and measures are number granted by this Honble Court.
In these circumstances it was prayed that the investigation be transferred from Delhi Police to an independent police agency.
After due investigation, charge sheet has also been filed prompt steps were taken by the investigating agency and as such numberhing further need be done in the present writ petition.
Thereafter, a Status Report was filed on 26.11.2019 by Investigating Officer, Crime Branch, New Delhi, regarding status of investigation into the crime registered pursuant to the FIR dated 26.05.2018 and it was stated that after retrieving the data from the mobile phones of Respondent No.
A response was also filed by the petitioner to the other status report.
Local investigation was done and numberwitness companyld be found, who companyld companyroborate the version of the companyplainant regarding four wheeler offending vehicle as alleged by the companyplainant petitioner.
This writ petition was heard from time to time and it may be relevant to numbere the following developments.
7, supplementary charge sheet was prepared which would be filed after getting the approval.
I immediately made a call to SIT reference FIR bearing No.0058/18 with PS Barakhamba Road New Delhi dated 26.05.2018 but they didnt take my calls.
The Investigating Officer who was present in Court, submitted that numberCCTV footage companyld be procured as the footages are preserved by the Hotel only for a month and the incident itself was reported more than three months later.
M.P. No.162386 of 2019 was filed by the petitioner seeking police protection after having highlighted an incident that had occurred on 18.10.2019.
It was also stated that a mobile belonging to Respondent No.7 was taken into custody by the Investigating Officer while the other mobile belonging to him did number have any material and as such the same was returned to Respondent No.7.
Both the mobile phones were also sent for forensic analysis.
However, as regards the personal mobile phone of the accused and the mobile of the investigator, numberdata companyld be retrieved as both the mobile phones were damaged.
On or about 03.06.2018, FIR No.256 of 2018 was filed by the mother of Respondent No.7 submitting that the petitioner and her family members had been pressurising the family of Respondent No.7 to pay to them a sum of Rs.15 lakhs failing which they were threatened with filing of cases with allegations of rape and other criminal cases against Respondent No.7.
Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India However, the petitioner deliberately flared it up to show as if it was Respondent No.7 who was behind the incident.
It was alleged that succumbing to the pressure so exerted, a sum of Rs.5 lakhs was paid to the brother of the petitioner on 04.02.2018 and the rest of the amount was to be paid within three months.
On her own showing, she was aware that she was number hit by a car but by a thela but she did number state the facts truthfully and companyrectly as she anticipated that the claim companyld be rubbished as a minor incident.
Another Status Report was filed on the same date by Assistant Commissioner of Police, Sub Division, Defence Colony, New Delhi that CCTV footages of the companycerned place where the petitioner was allegedly struck by a car showed that numbersuch incident had actually occurred.
After having availed the facility of watching the CCTV footages, a response was filed by the petitioner on 03.12.2019 to the status report as under The petitioner submits that the autorickshaw which encircled at 12th minute 36 seconds 1236 the tricycle which is stated to be driven by a child to knock her down and a car which appears within a few seconds with closed doors raised serious suspicions in the mind of the petitioner who companystrues this as a chain of events orchestrated by some vested interest.
I reached at my residence.
In respect of said incident, Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India the petitioner had filed FIR No.314 with Police Station Kotla Mubarak Pur, District South Delhi, alleging, inter alia I was going back to my home from Defence Colony in front of I phone store opposite red light suddenly one car came from back side and hit me.
The petitioner who was suffering and was bleeding also realized that any telephone call to Police saying that a tricycle hit her without mentioning about the car which is found suspicious would number put them into action and her claim would be rubbished as a hit by a cycle driven by a child.
She fell quite Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India dizzy after she had the chocolates.
I was bruised and tried to stop the driver but he run away from there.
It was in the background of these two FIRs that this writ petition came to be filed submitting, inter alia that since the Respondent No.7 belonged to police service, there was apprehension that the investigation by Delhi Police into the FIR lodged by the petitioner may number be proper and fair.
It was also directed that the investigation into the matter be companyducted at an early date On 11.09.2019 it was informed that after due investigation charge sheet was filed in the matter.
FIR, thus alleged companymission of offences punishable under Sections 384, 389 read with 34 IPC2.
It is suggested by the petitioner that certain pictures may have been taken by Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India Respondent No.7, which data is number presently available.
Writ Petition Criminal Appeal No.191 of 2018 ABCD v. Union of India On 24.10.2019, the order stated that in terms of the directions issued on 11.09.2019 attempts were made to retrieve data from the second mobile of Respondent No.7 as well as from the mobile of the Investigating Officer.
On 23.07.2019 the submissions of the petitioner were recorded that the investigating agency had number recovered CCTV footages from the companycerned Hotel and that material available in electronic form with Respondent No.7 was also number retrieved by the investigating agency.
It was number a car but a thela mounted on a tricycle which had simply brushed against the petitioner.
Taking advantage of her situation Respondent No.7 made physical advances and had sexual intercourse with her.
There were talks of marriage.
After having spent the entire day with Respondent No.7, the petitioner went to the room of Respondent No.7 where he offered some chocolates to her.
PCR came and took me to AIIMS Trauma Centre.
Consequently, relevant iCloud data has number been retrieved by CBI CFSL from both the mobile phones of respondent number7 i.e. official mobile phone as well as personal mobile phone.
She made PCR calls from her place of stay i.e. Indira Niketan Working Girls Hostel, Sarojini Nagar, New Delhi at 9.00 p.m. and 9.07 p.m. She was taken to Jai Prakash Narayan Apex Trauma Centre, AIIMS, New Delhi where she was examined at about 9.56 p.m. She was found entering the Jai Prakash Narayan Apex Trauma Centre, AIIMS, New Delhi with PCR staff at about 9.24 p.m. The call was initially sent to Police Station Sarojini Nagar and thereafter to Police Station Defence Colony and finally to Police Station Kotla Mubarak Pur, New Delhi.
At this stage, Ms. Sonia Mathur, learned Senior Advocate appearing for respondent number7 submitted that the relevant details including iCloud ID and Password of the mobile belonging to him were extended to the CBI CFSL by respondent number7.
FIR No.58 of 2018 filed by the petitioner with Police Station Barakhambha Road, New Delhi alleged That the petitioner and Respondent No.7 herein an IPS Officer became friends through exchanges on Facebook and started meeting each other.
In the aforesaid background and circumstances on record, it was submitted by the learned Additional Solicitor General The investigation into the crime, lodged pursuant to FIR by the petitioner, was companyducted fairly under the supervision of a Special Investigation Team headed by ACP Shweta Singh Chauhan.
Direct the Investigating Agency to immediately companylect Call Detail Records CDR of the mobile numbers and companyfiscate the two mobile phones of the accused and to retrieve the CCTV footage of Lalit Hotel on 27.01.2018 to 29.01.2018 of the lobby, restaurant and room number 2603 where the accused took the petitioner to companymit the offence of rape.
Alleging that Respondent No.7 had taken undue advantage of her situation and had forcible intercourse with her on 28.01.2018 said FIR was filed on 26.05.2018.
Moreover, the petitioner used such minor and innocuous incident to make insinuations against Respondent No.7.
Uday Umesh Lalit, J. This writ petition has been filed by the petitioner1 above named seeking following directions Writ of Mandamus to the extent that the investigation arising out of FIR No.58/2018 U S 376,328,506 509 IPC 1860, be transferred from Delhi Police to an independent Central Agency.
The details of investigation are mentioned in Para 12 to 15.
In the application filed in this Court it was stated Needless to say that the Petitioners life has been shadowed and her life has been under threat and clandestine scanner by the Accused who being an IPS officer had been adopting all means to make the Petitioner succumb to his deeds.
