Delhi High Court
Shalini Pande & Anr. vs The State Govt Of Nct Of Delhi & Ors. on 27 July, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 27th July, 2018
+ W.P.(CRL) 3145/2017
SHALINI PANDE & ANR ..... Petitioners
Represented by: Mr. Siddhartha Dave and
Ms.Jemtiben AO, Advocates.
versus
THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents
Represented by: Mr. Piyush Singhal, Advocate
for Mr. Ashish Aggarwal,
Additional Standing Counsel
for State with Inspector Puran
Pant, SOS/Crime.
Mr. Nikhil Goel, Mr. Ashutosh
Ghade and Mr. Gurpreet Hora,
Advocates for CBI.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. Status report has been handed over by the State, which is taken on
record.
2. Petitioners who are parents of late Dr.Shashwat Pande, who after
completing his MBBS had joined St.Stephens Hospital, Delhi for his
specialization in Radiology in March, 2015 seek transfer of investigation to
CBI in case FIR No.210/2017 under Section 302 IPC registered at PS Subzi
Mandi.
3. On 19th February, 2016 a complaint was lodged by Dr. Nittin R.
Parkhe, Head of Department (HOD), Radio Diagnosis to the Director, St.
Stephens Hospital reporting that a scuffle had taken place between
Dr.Shashwat Pande and Dr.Suyash Gupta, who was also working in the
same department. On 20th February, 2016 Dr. Shashwat Pande lodged a
complaint with the HOD, Radiology, St. Stephens Hospital against
Dr.Suyash Gupta for stalking, mental harassment, physical assault and
deliberate shifting of residence by Dr.Suyash Gupta from his previous
location to next to the residence of the deceased in Karol Bagh. On 23rd
February, 2016 an Inquiry Committee was constituted to conduct an inquiry
into the allegations against Dr. Suyash Gupta, which submitted its report on
27th February, 2016 concluding that Dr.Suyash Gupta was stalking and
harassing Dr.Shashwat Pande. Dr. Suyash Gupta was thereafter let off with
stern warning and asked to stay away from the deceased.
4. Besides the two complaints, as noted above, there were other
complaints against Dr.Suyash Gupta of rude behaviour and dangerous
activities followed by further complaints by the deceased Dr.Shashwat
Pande. On 14th February, 2017 in the presence of his parents Dr.Suyash
Gupta gave an undertaking of good behaviour however, things did not
change and his conduct was abusive and uncalled for. On the intervening
night of 24th/25th August, 2017 the deceased was murdered while he was on
emergency duty and his dead body was discovered by the staff of St.
Stephens Hospital on the morning of 25th August, 2017 around 8.00 AM
lying on the floor in pool of blood, with his throat slit open and stab wounds
present all over his body and private parts. Consequently, FIR No.210/2017
under Section 302 IPC was registered at PS Subzi Mandi, New Delhi.
5. Initially the investigation was conducted by the local police however,
later it was transferred to Crime Branch, Delhi Police on 20 th March, 2018.
During the investigation Crime Team as well as FSL team were called and
the scene of crime was inspected. CCTV footage of the St. Stephens
Hospital was also examined and it was revealed that Dr.Shashwat Pande was
sleeping in Room No.30, St. Stephens Hospital and the last person who
entered the said room by opening the door through electronic card was
Dr.Suyash Gupta.
6. During investigation car bearing No.UP-82N-3583 belonging to
Dr.Suyash Gupta was recovered after the incident from exit gate of ISBT,
Anand Vihar on 25th August, 2017. CDR of the mobile phones used by
Dr.Suyash Gupta were examined and raids were conducted at various places
in India including Etah, Agra, Jaipur, Bhopal, Dehradoon, Rishikesh,
Haridwar, Kanpur, Allahabad, Gwalior, Sitapur, Gola, Palia, Dhankhadi
Border, Banbasha Border and Tanek Pur etc. but no clue was found.
Investigation revealed that after leaving Delhi Dr.Suyash Gupta went to
Haridwar and stayed at Hotel Chitra Heritage on 28 th August, 2017 from
3.30 AM to 9.15 AM on the fake identity of Rajeev Pandey and checked out
on the same day. All bank accounts of Dr.Suyash Gupta, were checked.
They were found to be functional at State Bank of India, Bank of Baroda,
Canara Bank and Indian Overseas Bank. The bank accounts reveal
withdrawals even in the month of November, 2017 from various accounts.
The arrival/departure by Dr.Suyash Gupta were obtained from Central
Foreigners Bureau, Intelligence Bureau, Ministry of Home Affairs and his
last departure and arrival were in April, 2017 prior to the incident. Efforts
were even made to check from the online shopping gateways if any detail of
Dr.Suyash Gupta was available. Relatives, friends and colleagues of
Dr.Suyash Gupta were also interrogated and their CDR analysis was also
done however, no clue was obtained. Since Dr.Suyash Gupta, was habitual
of playing online games; request was sent to the Manager of the Play
Station-4 for tracking of Sony Playstation-4 ID of Dr. Suyash Gupta which
revealed that related services are taken care by Sony Interactive
Entertainment Europe Limited, London, U.K. and not by Sony India Pvt.
Ltd. Further, two more gmail IDs used by Dr.Suyash Gupta were revealed.
However, from there also no clue could be found out.
7. A writ petition filed by Ms. Vandana Gupta, mother of Dr.Suyash
Gupta, seeking writ of habeas corpus was disposed of by the Division Bench
of this Court on 21st February, 2018 directing the learned Metropolitan
Magistrate to review the investigation and for that purpose list the matter
atleast once in a month.
8. As per the status report submitted by DCP Crime Branch, SIT
consisting of 6 inspectors, 13 Sub-Inspectors, 14 ASI and 16 Head
Constable and Constables was constituted for the purpose of investigation of
this case and a reward of 50,000/- has already been declared by Delhi Police
which has been enhanced to ₹2 lakhs now. Non-bailable warrants were also
got issued against Dr.Suyash Gupta and he has now been declared a
proclaimed offender and a look out circular has also been opened against
Dr.Suyash Gupta.
9. Despite extensive investigation as noted above, no clue of Dr.Suyash
Gupta has been found.
10. Grievance of the petitioners still continues and they seek transfer of
case to CBI as despite best efforts, the various wings of Delhi Police have
not been able to arrest Dr.Suyash Gupta and it is felt that he has left the
country, thus it would be appropriate if a centralized agency investigates the
matter.
11. Opposing the prayer of the petitioners for transfer of investigation to
CBI, learned counsel for CBI submits that in case investigation is now
transferred to CBI, CBI will have to start investigation afresh from its
inception, when the entire investigation has already been done and the only
remaining investigation required to be monitored is to arrest the accused.
12. Learned counsel for CBI submits that as regards monitoring is
concerned the Division Bench of this Court vide its order dated 21st
February, 2018 while disposing of W.P. (Crl) 3199/2017 has already
directed the learned Metropolitan Magistrate to monitor the investigation
and review the progress of investigation and for that purpose list the matter
atleast once every month.
13. It is further contended that the remaining investigation now is
essentially to arrest the accused and does not fall in the category of the
exceptional situations laid down by Hon'ble Supreme Court in the decision
reported as 2010 (3) SCC 571 State of West Bengal & Ors. vs. Committee
for Protection of Democratic Rights, West Bengal & Ors.
14. No doubt the investigation by the local police and the Crime Branch
has gone far ahead and the accused has already been zeroed down but
despite their best efforts Crime Branch has not been able to trace the
accused, which would thus need some more scientific evidence to be
collected to trace the accused. Since from the facts it is felt and expected by
the agencies that Dr.Suyash Gupta has already left the country, it would be
in the interest of justice if the investigation in the case is transferred to CBI,
which may be able to trace the accused by locating through its various IP
addresses and seek return of the accused to India in case he has fled outside
the country.
15. Consequently, the investigation in the FIR No.210/2017 under Section
302 IPC registered at PS Subzi Mandi, Delhi is transferred to CBI.
16. Petition is disposed of.
17. Order dasti.
(MUKTA GUPTA)
JUDGE
JULY 27, 2017
'vn'
