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Nishu v. Commissioner of Police, Delhi

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 211 of 2013)Decided 24 Apr 2014
Writ Petition (Criminal) No. 211 of 2013
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

A young petitioner sought registration of sexual assault and child-protection offences, arrests, a CBI investigation and action against police officers, alleging that her complaint had not been handled properly. During the proceedings, the State reported that the relevant offences had been added, all nine accused were arrested and a charge sheet was filed. The trial had begun.

Decision Breakdown

The Supreme Court disposed of the petition and directed the trial court to conclude the trial with utmost expedition. The subsequent, undisputed developments did not support the need for the additional constitutional directions requested. The Court therefore declined further intervention, including the requested investigative changes. It expressly gave no opinion on the merits of either side's case, so the order did not decide guilt or disprove the allegations.

Lesson Learnt

Relief sought to start an investigation must be reconsidered when a prosecution has already begun. Directing a speedy trial while declining further intervention does not determine whether the accused are guilty.

Official source (sci.gov.in)View Judgment (PDF)

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