TMI Blog2016 (5) TMI 1594X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter. Considering the facts and circumstances of the case in hand, we are of the view that the case in hand does not entail a direction for transferring the investigation from the state police/special team of State Police Officers to C.B.I. The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by the state police. However, having regard to the nature of allegations levelled by the petitioner, we deem it appropriate to direct the State of Kerala to constitute a special team of police officers headed by an officer not below the rank of Deputy Inspector General of Police to investigate the matter. Petition is disposed of with direction to the Director General of Police, Ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate etc. The respondent was called to the police station and directed to handover the belongings to the petitioner. On 04.04.2013, the petitioner lodged a complaint against her husband, her parents-in-law and sister-in-law alleging that they have subjected her to physical and mental cruelty. The petitioner had also levelled charge of sexual abuse against five naval officers and wife of one of the naval officers. Based on her complaint, a case was registered in FIR No.260 of 2013 for the offences punishable under Sections 498-A, 354, 506 (Part-I) IPC read with Section 34 IPC against the petitioner's husband Lt. Ravi Kiran Kabdula, her parents-in-law, sister-in-law and the said five naval officers and wife of one of them. In the compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. 5. We have heard the counsel appearing for the parties at considerable length and perused the impugned order and material on record. 6. As noticed earlier, investigation in FIR No. 260 of 2013 registered at Harbour Police Station, Kochi, is pending in the State of Kerala and stated infra, we have directed further investigation in the said case by a special team of state police officers. When the investigation is pending in the State of Kerala, it is desirable that the quash petitions filed under Section 482, Cr.P.C. are heard in the High Court of Kerala, as the High Court will be in a better position to take note of further progress in the investigation and also consider the evidence recorded. The Supreme Court will transfer a ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S Vendurthy, Naval Base, Kochi. 8. The State of Kerala has filed counter affidavit denying petitioner's allegation of inaction and lackadaisical approach by the state police. In the counter affidavit filed by the State, it is stated that after taking over the investigation by the special team on 14.06.2013, the petitioner was examined on 10.07.2013 and subjected to medical examination at Safdarjung Hospital, New Delhi on 11.07.2013. It is further stated that as many as seventy one witnesses, including the petitioner, friends of the petitioner, doctors and other witnesses have been examined and investigation is continuing. It is further stated that in the anticipatory bail application filed by the husband in B.A. No. 2719 of 2013, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly. 70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts, must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lined by this Court in the case of K. Saravanan Karuppasamy Anr. v. State of Tamil Nadu Ors. (2014) 10 SCC 406 and Sudipta Lenka v. State of Odisha Ors. 2014 (11) SCC 527. 11. Considering the facts and circumstances of the case in hand, in the light of the above principles, we are of the view that the case in hand does not entail a direction for transferring the investigation from the state police/special team of State Police Officers to C.B.I. The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by the state police. However, having regard to the nature of allegations levelled by the petitioner, we deem it appropriate to direct the State of Kerala to constitute a special ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
