NDLI: Dr Naresh Kumar Mangla Vs. Smt. Anita Agarwal & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Cancellation of Anticipatory Bail – Penal Code, 1860 – ss.498-A, 304-B, 323, 506 and 313 – Dowry Prohibition Act, 1961 – ss.3 and 4 – Appellant’s daughter died an unnatural death – According to the respondent-accused persons she committed suicide – However, in the FIR lodged by the appellant it was alleged that his deceased daughter was pressurized to bring money and the appellant had paid money on several occasions by cheque to the in-laws (respondent-accused) of the deceased – The Session Judge observed that an incident took place on 01.10.2017 when deceased was allegedly assaulted by her mother-in-law, brother-in-law and sisterin-law which led to the filing of a complaint in the police station – The FIR further records that father-in-law of the deceased had telephonically threatened appellant on 03.08.2020 and demanded money – The same day appellant’s daughter had informed appellant that there was threat to her life – However, before appellant could reach his daughter’s matrimonial house to see her, he was informed that she was admitted in hospital – After few days in hospital, she died – The applications for anticipatory bail u/s.438 Cr.P.C. was filed by parents-in-law, brother-in-law and sister-in-law of the deceased – Deceased’s husband was in custody – The said applications were dismissed by the Sessions Judge referring to the money transactions – The Single Judge of the High Court granted the anticipatory bail to the applicants and held that (a) FIR prima facie appears to be engineered to implicate the applicants; (b) there is no co-relation between the various allegations leveled in the FIR; (c) the allegations ‘are general in nature’ with no specific role being assigned to the accused – On appeal, held: The FIR contains a recital of allegations bearing on the role of the accused in demanding dowry, of the prior incidents of assault and the payment of moneys by cheque to the in-laws of the deceased – The FIR even referred to the telephone calls which were received from the fatherin-law of the deceased – In the face of such specific allegations in the FIR and the reference by the Session Judge to the money transaction, the conclusion of the Single Judge of the High Court that the FIR prima facie has been ‘engineered to implicate the accused’ defies reasonable explanation – Similar is the case with the finding that ‘there is no co-relation between the allegations leveled in the FIR’ – A reading of the FIR would reveal that the finding of the Single Judge that the allegations ‘are general without assigning a specific role to the accused’ is contrary to the record – The entire approach of the High Court is flawed – The grant of anticipatory bail in such a serious offence would operate to obstruct the investigation – Therefore, the orders passed by the Single Judge of the High Court allowing the applications for anticipatory bail are set aside and bail granted to the accused persons is cancelled. Code of Criminal Procedure, 1973 – Transfer of further investigation to CBI – Penal Code, 1860 – s.364-B – Dowry death – Appellant’s daughter died an unnatural death – According to the respondent-accused persons, she committed suicide – It was alleged in the FIR that appellant’s daughter-deceased was pressurized to bring money – There were prior allegations of assault against the accused persons/in-laws of appellant’s daughter – The application for anticipatory bail filed by the in-laws of appellant’s daughter was rejected by the Session Judge – However, applications were allowed by the High Court – Thereafter, charge-sheet was submitted – Before the Supreme Court, the State filed counter-affidavit through Deputy Superintendent of Police and stated that the High Court has not taken into consideration the prior allegations of assault/ injuries sustained by deceased in the year 2017 – It was further stated that the medical reports and facts revealed that deceased was killed – The State supported the appellant in assailing the correctness of the order granting anticipatory bail – According to the State no investigation on allegation of murder was conducted – Held: The conduct of the investigating authorities from the stage of arriving at the scene of occurrence to the filing of the charge-sheet do not inspire confidence – The stance taken by the Deputy Superintendent of Police in the counter-affidavit filed few days aft forwarding the charge-sheet, travels beyond the scope of the investigation recorded in the charge-sheet – The critical facts of money trail between the deceased, her father and the accused; and the call history of father-in-law of deceased, father of deceased and the deceased were not explored – No investigation on allegation of murder was conducted – There were glaring deficiencies in the investigation conducted – The status of the accused as propertied and wealthy persons of influence and the conduct of the investigation thus far diminishes the faith of Court in directing a further investigation by the same authorities – Therefore, it is necessary to entrust a further investigation of the case to the CBI in exercise of power u/Art.142 of the Constitution.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2020 INSC 706
Petitioner	Dr Naresh Kumar Mangla
Respondent	Smt. Anita Agarwal & Ors. Etc.
SCR	[2020] 14 S.C.R. 294
Judgement Date	2020-12-17
Case Number	872

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