| SooperKanoon Citation | sooperkanoon.com/649606 |
| Subject | Criminal |
| Court | Supreme Court of India |
| Decided On | Sep-01-1986 |
| Case Number | Writ Petition (Crl.) No. 512 of 1985 |
| Judge | P.N. Bhagwati, C.J. and; Ranganath Misra, J. |
| Reported in | 1986Supp(1)SCC504 |
| Appellant | Susie Tharu |
| Respondent | State of A.P. and anr. |
Excerpt:
-
[ p.n. bhagwati, c.j. and; ranganath misra, j.] -- constitution of india — article 21 — alleged rape by police officers and constables — cbi inquiry ordered by court — allegation found to be not established — hence matter closed -- we directed by our order dated december 20, 1985 that cbi will investigate into the case of alleged rape of sattamma by two police officers and four constables as alleged in the writ petition.p.n. bhagwati, c.j. and; ranganath misra, j.1. we directed by our order dated december 20, 1985 that cbi will investigate into the case of alleged rape of sattamma by two police officers and four constables as alleged in the writ petition. pursuant to the order made by us, the central bureau of investigation carried out a detailed investigation and as a result of such investigation, the cbi has come to the conclusion that the allegation of rape on sattamma by the sub-inspectors of police of gambheeraopet and mustabad and other police constables is not established. in view of this report made by cbi, we do not think we can take any further action in the matter. we must, therefore, close this case, but since the cbi has come to a finding that there were certain lapses on the part of dr k. swarna kumari, civil assistant surgeon, government head quarters hospital, karimnagar and shri a. buchi reddy, deputy superintendent of police, peddapally in the discharge of their duties, we would direct that the report of the cbi may be sent to the chief secretary to the government of andhra pradesh for taking such disciplinary action as may be thought fit against these two officers, namely, dr k. swarna kumari and shri a. buchi reddy for the lapses committed by them in the discharge of their official duties as pointed out in the report. the writ petition will stand disposed of accordingly.
Judgment:P.N. Bhagwati, C.J. and; Ranganath Misra, J.
1. We directed by our order dated December 20, 1985 that CBI will investigate into the case of alleged rape of Sattamma by two police officers and four constables as alleged in the writ petition. Pursuant to the order made by us, the Central Bureau of Investigation carried out a detailed investigation and as a result of such investigation, the CBI has come to the conclusion that the allegation of rape on Sattamma by the Sub-Inspectors of Police of Gambheeraopet and Mustabad and other police constables is not established. In view of this report made by CBI, we do not think we can take any further action in the matter. We must, therefore, close this case, but since the CBI has come to a finding that there were certain lapses on the part of Dr K. Swarna Kumari, Civil Assistant Surgeon, Government Head Quarters Hospital, Karimnagar and Shri A. Buchi Reddy, Deputy Superintendent of Police, Peddapally in the discharge of their duties, we would direct that the report of the CBI may be sent to the Chief Secretary to the Government of Andhra Pradesh for taking such disciplinary action as may be thought fit against these two officers, namely, Dr K. Swarna Kumari and Shri A. Buchi Reddy for the lapses committed by them in the discharge of their official duties as pointed out in the report. The writ petition will stand disposed of accordingly.