Pappu Singh v. Govt Of NCT Of Delhi And ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 344/2024 PAPPU SINGH ..... Petitioner Through:

Mr. Satish Tamta, Sr. Adv. with Mr. Shariq Iqbal, Mr. Anant S.

Pandey, Advocates.

versus GOVT OF NCT OF DELHI AND ANR ..... Respondents Through:

Ms. Nandita Rao, ASC (CRL).

(GNCTD) with Mr. Jasraj Singh Chhabra, Advocate for State.

Mr. Anupam S. Sharrma SPP for CBI Mr. Prakash Niran and Mr. Syamantak Modgill Advocates for R2 alongwith Inspector Darpan Singh PS N. Ashok Nagar.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 14.02.2024 1.

The present petition under Article 226 of Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:- "In the light of the above-mentioned facts and circumstances of the present case, the Petitioner prays that this Hon'ble Court may be pleased to:- A. Issue a writ of mandamus or any other appropriate writ directing a fair and impartial investigation by the Central Bureau of Investigation into the murder of Yogesh Kumari registered vide FIR No. 691/17 dated 17.11.2017 u/s 365/34 IPC lodged at New Ashok Nagar Police Station, New Delhi by the Petitioner. B. Issue or pass any writ, direction or order, which this Hon'ble court may deem fit and proper under the facts and circumstances of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:30:03

case."

2.

Learned ASC, on advance notice submits that all possible efforts made during the investigation of the present case FIR has been detailed in the status report dated 13.02.2024 authored by Inspector Harun Ahmed, SHO, P.S. New Ashok Nagar. A copy of the said status report has been handed up in Court and the same is taken on record. 3.

It has been noted in the said status report that investigation has been done by the concerned staff of police station, New Ashok Nagar into the present FIR and despite sincere efforts, they are not able to trace the accused. The nature of the case reveals that a specialised investigating agency like Crime Branch will be better equipped, with resources at its disposal, to handle the investigation in the present FIR. 4.

In view of the above, on a suggestion by this Court, learned Senior Counsel for petitioner has no objection if instead of the Central Bureau of Investigation, the investigation in the present FIR is transferred to the Crime Branch of the Delhi Police. Learned Additional Standing Counsel for the State also does not oppose the same.

5.

Accordingly, the present FIR No. 691/2017, under Sections 365/34, registered at P.S. New Ashok Nagar shall be transferred with immediate effect to the PS Crime Branch, Delhi Police and the investigation in the same be conducted under the supervision of the DCP concerned. 6.

The petition is partly allowed and disposed of accordingly. 7.

Pending application, if any, also stands disposed of. AMIT SHARMA, J FEBRUARY 14, 2024/us The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:30:03