Mayank Tomer & ORS. v. State Of NCT Of Delhi & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3712/2024 & CRL.M.A. 14234/2024 MAYANK TOMER & ORS.

.....Petitioners Through:

Mr. Bhumit Solanki, Mr. Naman Jain, Mr.

Heysmiv Prashar and Ms.

Chetanya Kharbanda, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for State.

Ms. Sonal, complainant in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.08.2024 1.

Petition under Section 482 has been filed on behalf of the petitioner seeking transfer of the FIR No.65/2023, Police Station Anand Vihar to any police station in New Delhi district and to quash the order of DCP dated 19.04.2024 transferring the investigation to SI Avaneesh Kumar.

2.

Learned counsel for the petitioner submits that initially the FIR was registered at P.S Anand Vihar but thereafter transferred to P.S Jagatpuri and now is pending investigation at P.S Krishna Nagar. Because of the influence of the complainant, the investigations are being transferred frequently from one Police Station to the other. There is an apprehension of undue influence if the investigations are done by any of the police stations in the Shahdara/District East and for this reason it is requested that the case be transferred to a New 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 28/08/2024 at 12:26:28

Delhi district. It is also submitted that earlier the investigations were being done by SI Avaneesh Kumar at P.S.Jagatpuri, however, thereafter it was handed over to SI Sonu Kumar and again the investigations have been transferred back to SI Avaneesh Kumar. 3.

Learned counsel submits that he has filed a contempt petition against SI Avaneesh Kumar and in the circumstances the IO may be any other IO except from SI Avaneesh Kumar who may be handed over the investigations.

4.

Submissions heard.

5.

In so far as the transfer of FIR is concerned, it is being conducted at P.S.Krishna Nagar. No further change of Police Station is required. However, the DCP hereby is directed to hand over the investigations to any other IO because of the Contempt Petition of the petitioner is pending against SI Avaneesh Kumar. Even though there may be no bias, but the fact remains that there would be a baggage of the Contempt Petition pending against SI Avaneesh Kumar. 6.

With these directions, petition is hereby disposed of with the pending application, if any.

NEENA BANSAL KRISHNA, J AUGUST 23, 2024 rk 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 28/08/2024 at 12:26:28