Advancing Forensics Can Crack Cases Even After Decades, 'Never Too Late To Seek Truth': Delhi High Court Orders CBI Probe Into 2017 Death

The Delhi High Court has ordered Central Bureau of Investigation (CBI) to probe into death of a 23-year-old hotel manager in 2017, while flagging lapses in the investigation conducted by the Delhi Police.

Justice Tushar Rao Gedela noted that there are various cases of crime where the investigations overcame the challenges and finally fructified after decades, due to advancements in forensic technology allowing re-testing of material evidence.

The judge cited cases of USA based serial killers - Golden State Killer (Joseph James DeAngelo) and Green River Killer (Gary Ridgway).

“DeAngelo killed at least 13 people and raped dozens more in the 1970s and 1980s. In April 2018, nearly four decades after his last known crimes, police armed with DNA evidence arrested him and he was sentenced to life in prison without parole. In 1982, several bodies were found on the riverbank of Green River, which began one of the longest and largest serial murder investigations in the history of the United States of America. Eventually, the deaths of at least 48 women were linked to the Green River killer,” the Court said.

“Thus, it is never too late to search for truth,” it added.

The plea was filed by one Anu Duggal, mother of the deceased- Arnav Duggal, seeking transfer of investigation to CBI. Her som, a management graduate working as Manager in ITC Grand Bharat at the time, died under mysterious and suspicious circumstances in June 2017, at the residential house of one Megha Tiwary, alleged to be in a relationship with him. The mother filed the petition in 2018.

The police officials informed the mother that her son had committed suicide by hanging from the ceiling fan and there was nothing to investigate. However, it was her case that they found the room to be dressed up to make a case of suicide and police officials unwilling to further investigate.

Granting relief to the mother, the Court noted that there was crucial and material lacunae observed in the investigations carried out not only by the IO but also the Crime Branch and the SIT which “merely parroted the same version.”

The Court observed that the investigations lacked bona fide and were conducted myopically and predicated only on the theory of suicide, without applying investigative or analytical and scientific mind.

Apart from conducting probe, the Court directed the CBI to also conduct an enquiry into the lapses, if any, by the officers of the Delhi Police in conducting the investigations.

It said that the prosecution neither gave any explanation nor tendered any sufficient reason as to why the female's mobile phone was not seized immediately and what was the importance and relevance of the deleted messages or the deleted phone call records etc.

“In that view of the matter, the behaviour of the police authorities in not seizing the phone in time thereby permitting the only other person in the room to carry out deletions, is, to say the least, peculiar and not in accordance with the process of investigation. That too in such a serious and grave case of death of a young boy,” the Court said.

It further said that though the “cause of death”, in all probability, may be ascertained as Asphyxia as a result of antemortem hanging but what was glaringly lacking was the “reason” for death by suicide.

The Court concluded that the prosecution utterly failed to explain to the High Court or even the Trial Court of any such reason, particularly when there was no material placed on record to indicate that the deceased was under depression or having suicidal tendencies.

Title: ANU DUGGAL v. STATE & ORS

Citation: 2025 LiveLaw (Del) 1619

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