MANDAKINI DIWAN AND ANR. versus THE HIGH COURT OF CHHATTISGARH & ORS.

Citation: [2024] 9 S.C.R. 86 · Decided: 06-09-2024 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2024] 9 S.C.R. 86 : 2024 INSC 666
Mandakini Diwan and Anr. 
v. 
The High Court of Chhattisgarh & Ors.
(Criminal Appeal No. 3738 of 2024)
06 September, 2024
[Vikram Nath* and Prasanna Bhalachandra Varale, JJ.]
Issue for Consideration
Matter pertains to investigation as regards the suspicious death 
of the wife of senior judicial officer.
Headnotes†
Constitution of India – Arts. 226, 136 – Investigation by 
independent agency – Death of the wife of senior judicial 
officer – Case of the appellants-mother and the brother of the 
deceased that the death was suspicious and was not a case 
of simple suicide, and apprehended that the husband being a 
senior judicial officer had managed the post mortem in which 
the cause of death was shown to be suicide by hanging – 
Several complaints by appellants – Neither FIR registered nor 
fair investigation carried out – Writ petition by the appellants, 
remained pending for seven years, and thereafter, dismissed 
holding that the appellants had adequate statutory remedy 
available u/s. 156(3) CrPC – Challenge to:
Held: Power to direct CBI to conduct investigation is to be exercised 
sparingly and such orders should not be passed in routine manner – 
On facts, the aggrieved party raised allegations of bias and undue 
influence on the police machinery of the State  – Considering 
the fact that the husband is a senior judicial officer any doubt or 
apprehension in the minds of the appellants who have lost their 
family member may be dispelled by the investigation being carried 
out by CBI – This may result into doing complete justice and 
enforcing the fundamental right of getting a fair investigation – Thus, 
the impugned order passed by the High Court is set aside – CBI 
directed to carry out complete and fair investigation and proceed 
in accordance with law into the incident and that too expeditiously 
considering the fact that the incident is of 2016 and submit a report 
to this Court – If CBI finds that FIR needs to be registered, it may 
* Author
[2024] 9 S.C.R. 
87
Mandakini Diwan and Anr. v. The High Court of Chhattisgarh & Ors.
itself do so and proceed accordingly and bring such complaint to 
a logical conclusion – However, if the CBI comes to the conclusion 
that there is no material which it could collect which is not sufficient 
in ordinary course to submit a chargesheet, it would close the 
proceedings. [Paras 12, 14, 15]
Case Law Cited
Awungshi Chirmayo vs. Government of NCT of Delhi (2022) SCC 
Online SC 1452 – referred to.
List of Acts
Code of Criminal Procedure, 1973; Constitution of India.
List of Keywords
Investigation by independent agency; Suicide; Post mortem; Fair 
investigation; Statutory remedy; Direct CBI to conduct investigation.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3738 
of 2024
From the Judgment and Order dated 10.05.2023 of the High Court 
of Chhattisgarh at Bilaspur in WPCR No. 197 of 2016
Appearances for Parties
Dinesh Jotwani, Dhawesh Pahuja, Bhargava Baisoya, Ms. Ekta 
Gambhir, Ms. Shruti Singh, Ms. Shivalika Midha, Narendra Bahadur 
Tiwari, Nilesh Sharma, Saket Gogia, Advs. for the Appellants.
Tushar Mehta, Solicitor General, Mrs. Aishwarya Bhati, A.S.G., 
Avdhesh Kumar Singh, A.A.G., Ms. Anjana Prakash, Mrs. Swarupama 
Chaturvedi, Sr. Advs., Prashant Singh, Rajat Nair, Mrs. Prerna 
Dhall, Piyush Yadav, Ms. Akanksha Singh, Alok Sahay, Himanshu 
Shekhar, Parth Shekhar, Ms. Ambali Vedasen, Shubham Singh, 
Ms. Rachna Ranjan, Ms. Sarita Kumari, Ritesh Kumar Gupta, T.V. 
Surendranath, Atul Arvind, Sudip Patra, Ms. Kamlika Samadder, 
Arvind Kumar Tomar, Mukesh Kumar Maroria, Ms. Ruchi Kohli, 
Ms. Shagun Thakur, Ms. Ruchi Gaur Narula, Santosh Kumar, 
Navanjay Mahapatra, Apoorv Kurup, Ms. Nidhi Mittal, Ms. Gauri 
Goburdhun, Ms. Aanchal, Akhil Hasija, Gurjas Singh Narula, Advs. 
for the Respondents.
88
[2024] 9 S.C.R.
Digital Supreme Court Reports
Judgment / Order of the Supreme Court
Judgment
Vikram Nath, J.
1.	
Leave granted.
2.	
This appeal assails the correctness of the order dated 10.05.2023 
passed by the Division Bench of High Court of Chhattisgarh in 
W.P.Cr. No.197 of 2016 titled as Mandakini Diwan & Anr. vs. High 
Court of Chhattisgarh and seven others whereby the writ petition was 
dismissed with liberty to the petitioners therein (appellants herein) to 
avail the appropriate remedy before the appropriate forum.
3.	
Before referring to the facts we wish to make it clear that we are not 
entering into the detaile

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