Women Held Overnight Without FIR: Raj HC Orders CBI Probe

Ten Women Detained Overnight Without FIR: Rajasthan High Court Transfers Investigation to CBI

Published: 7 October 2026 · NyayVidhan

The Rajasthan High Court transferred to the CBI the investigation of a cyber-fraud FIR against young women working at a call centre, finding prima facie that police picked up ten women from their homes the evening before the FIR and kept them at the police station overnight (paras 14, 28, 32). Missing CCTV footage, inconsistent diary entries and arrest memos suggested fabrication, and the trial was deferred despite the charge-sheet (paras 12-13, 33).

Key holdings

Women cannot be arrested between sunset and sunrise except in exceptional cases, on a woman officer’s written reasons and a Magistrate’s prior permission (para 15).

Under Section 179 BNSS women cannot be compelled to attend a police station for questioning (para 15).

Missing police station CCTV footage, within the police’s exclusive control, invites an adverse inference (paras 12, 19).

Fair investigation is part of Article 21; where the investigating police face the allegations, transfer to an independent agency is warranted (paras 21, 23, 30-31).

Investigation can be transferred to the CBI even after a charge-sheet is filed, with the trial deferred (paras 26, 33).

Brief Facts

FIR No. 27/2025 at Kudi Bhagtasni police station, Jodhpur, registered on 16.01.2025, accused staff of a call centre of cyber fraud under Sections 319(2), 318(4) and 61(2)(b) BNS and Section 66D of the IT Act (paras 1-2). The petitioners, students employed there, said the police had taken them from their homes on the evening of 15.01.2025 and held them overnight before any FIR (paras 3, 6). CCTV footage from a home showed a sub-inspector taking two of them away in a government vehicle (para 11). The Court called for the police station footage and appointed an ACP as nodal officer; a charge-sheet had by then been filed (paras 7-9).

Court's Findings

The Court found material inconsistencies in the prosecution case (para 10). The ACP's report did not inspire confidence and appeared to shield subordinates, and the general diary entries of 15.01.2025 did not record the women being brought in (para 10). No police station CCTV footage existed after 9 pm that night, inviting an adverse inference (paras 12, 19). Arrest memos bearing the FIR number and the investigating officer's signature appeared to predate the raiding party's return, suggesting fabrication (para 13). Picking up women without an FIR and holding them overnight breached Section 43(5) BNSS, which bars arresting women between sunset and sunrise save exceptionally with a Magistrate's permission, and Section 179 BNSS (para 15). Relying on D.K. Basu and on Committee for Protection of Democratic Rights, Babubhai, Narmada Bai, Pooja Pal, Rubabbudin Sheikh and R.S. Sodhi, the Court held that where the allegations are against the investigating police, transfer to an independent agency is justified even after a charge-sheet (paras 16-27, 30-32).

Legal Principle

Where allegations of illegal detention, fabricated records and suppressed evidence are directed against the very police conducting the investigation, a constitutional court may transfer the investigation to the CBI, even after a charge-sheet has been filed, to secure a fair investigation under Article 21 (paras 21, 26, 30-32).

Precedents Relied Upon

D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Relied Upon Discussed at ¶ 16
No person may be detained without proper documentation such as an FIR or general diary entry, and the rights of the detained person must be scrupulously protected.
State of West Bengal & Ors. v. Committee for Protection of Democratic Rights & Ors. (2010) 3 SCC 571
Relied Upon Discussed at ¶ 22
Constitutional courts may transfer investigation to an independent agency such as the CBI to ensure a fair and impartial investigation.
Babubhai v. State of Gujarat & Ors. (2010) 12 SCC 254
Relied Upon Discussed at ¶ 23
Fair investigation is part of the rights under Articles 20 and 21; where the investigation is tainted, the court may direct a fresh investigation by an independent agency.

View all precedents (7)

Narmada Bai v. State of Gujarat & Ors. (2011) 5 SCC 79
Relied Upon Discussed at ¶ 24
Where allegations are against police officials and a fair investigation is reasonably doubted, transfer to an independent agency is appropriate.
Pooja Pal v. Union of India & Ors. (2016) 3 SCC 135
Relied Upon Discussed at ¶ 25
Fair trial includes fair investigation; despite a pending trial, a de novo CBI investigation may be directed to prevent a miscarriage of justice.
Rubabbudin Sheikh v. State of Gujarat & Ors. (2010) 2 SCC 200
Relied Upon Discussed at ¶ 26
When police officials are involved and investigating, the court may hand the investigation to the CBI even after a charge-sheet has been filed.
R.S. Sodhi v. State of U.P. & Ors. 1994 Supp. (1) SCC 143
Relied Upon Discussed at ¶ 27
Where accusations are against the local police, entrusting the investigation to the CBI lends credibility to its outcome.

Ten Women Detained Overnight Without FIR: Rajasthan High Court Transfers Investigation to CBI

Judgment Intelligence

Key holdings

Brief Facts

Court's Findings

Legal Principle

Precedents Relied Upon

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