DISHA versus STATE OF GUJARAT & ORS.

Citation: [2011] 9 S.C.R. 359 · Decided: 20-07-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Dismissed
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Judgment (excerpt)

[2011] 9 S.C.R. 359 
DISHA 
A 
v. 
STATE OF GUJARAT & ORS. 
(Writ Petition (Criminal) No. 33 of 2011) 
\ 
JULY 20, 2011 
B 
' 
[P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] 
Constitution of India, 1950: 
Article 32 rlw s. 173 CrPC - Writ petition seeking to c 
transfer investigation to Central Bureau of Investigation - The 
Firms of petitioner and her husband and his associates said 
" 
to have duped a large number of investors of crores of rupees 
+ 
- An FIR lodged against petitioner and other partners of her 
' 
... 
firm/agents! franchises - Charge-sheet filed against 13 
persons including the petitioner - Petitioner's husband said D 
to have committed suicide and investigation in the said 
suicide case pending -
Writ petition by petitioner seeking 
directions to transfer the investigation into the financial 
transactions of her late husband and his associates through 
E 
various firms and the cause of her husband's death, to CBI 
and further to hand over all complaints made by various 
investors, to CBI for investigation - HELD: The petitioner 
herself is the accused - A huge amount has been collected 
i 
from innocent persons giving them false assurances that their F 
' 
amount would have a high premium - No a/legation of ma/a 
fide or bias has been alleged against any investigating 
authority nor had it been pleaded that charge sheet had been 
filed against the petitioner without investigating the case or 
having any vindictive attitude towards the petitioner - There 
is no cogent reason to interfere in the matter - Code of G 
Criminal Procedure, 1973 - s.173. 
The petitioner and her husband were engaged in 
commercial/business activities in share broking. The 
359 
H 
360 
SUPREME COURT REPORTS 
[2011] 9 S.C.R. 
A petitioner's husband along with his maternal uncle and 
his sons started share broking business in Rajkot and 
subsequently at Ahmedabad also. In 2008, another firm 
was constituted of which the petitioner was the proprietor. 
During the period between 2008 and 2010, the petitioner's 
B husband and his associates appointed several agents/ 
franchises for their firms all over Gujarat and the said 
agents collected a huge amount from large number of 
persons/investors giving them assurance that their 
money would be multiplied within a short span of time. 
c 
On 28.12.2010, petitioner's husband was said to 
have jumped from 22nd floor of a hotel and died 
spontaneously. The matter was being investigated by the 
police. 
D 
On 12.1.2011, an FIR was lodged at Gandhigram 
Police Station in Rajkot for offences punishable u/ss 406, 
420 and 120-8, IPC with the allegations that the partners/ 
agents/franchises of the firm owned by the petitioner had 
given fake promises to the complainant and other 
E investors that they would get a high return of their 
investments within a short stipulated period, but the 
investors could not get any amount; that the accused 
persons in conspiracy with each other made a fraudulent 
scheme duping the innocent investors. The police filed 
F a charge sheet against 13 accused persons including the 
petitioner. According to investigation held, so far, the 
investors had been duped by petitioner's firms of a sum 
of Rs.60 crores. Seven accused were arrested and further 
investigation was in progress. 
G 
The petitioner filed the instant writ petition seeking 
H 
the directions that investigations into the financial 
transactions of her late husband and his associates 
through various firms and the mysterious cause of her 
husband's death be transferred to the Central Bureau of 
DISHA v. STATE OF GUJARAT & ORS. 
361 
Investigation u/s 173 Cr.P.C. and further to handover all 
A 
complaints made by various investors against the firms 
owned by her family members to the CBI for 
investigation. 
Dismissing the petition, the Court 
B 
HELD: 1.1 So far as the case of suicide of petitioner's 
husband is concerned, respondent No.2, the 
Maharashtra police, is investigating the matter. During the 
investigation, three suicidal notes in the hand-writing of 
the deceased have been recovered. Father of the C 
deceased identified the hand-writing of the deceased, and 
the investigation is going on. The petitioner did not render 
..J 
any assistance whatsoever to the Maharashtra Police in 
_, 
investigation of the said case. [para 4-5] (366-C-D; G] 
) 
D 
1.2 As regards the investigation by the Gujarat Police, 
I 
according to the counter affidavit filed by the State of 
Gujarat, only one FIR has
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