Dhananjya Mahaldar v. Union Of India & ORS.
$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2115/2025 DHANANJYA MAHALDAR .....Petitioner Through:
Mr. Harsh K. Gautam, Mr. A.K.Maji, Mr. Hemang and Mr. Hamid Khan and Mr. Naveen Kr., Advs.
versus UNION OF INDIA & ORS.
.....Respondent Through:
Mr. Rajesh Kumar, SPP with Ms.
Mishika Paandit, Mohd. Changez Ali, and Mr. Yash Narain Advs. for CBI.
Mr. Amol Sinha, ASC with Mr.
Ashvini Kumar, Mr. Kshitiz Garg and Mr. Nitish Dhawan, Advs. for State.
SI Sahil Dahiya, P.S.Karol Bagh.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 11.07.2025 CRL.M.A. 19707-09/2025EXEMPTION Allowed, subject to all just exceptions.
The applications stand disposed of.
W.P.(CRL) 2115/2025 1.
This is a writ petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 for issuance of directions to transfer the investigation to any independent agency i.e., Crime Branch or CBI in FIR No. 8/2018 dated 06.02.2018 P.S.Cannaught Place (Karol Bagh), and for directions to arrest accused no.5 and 6 for the offence of murder and under the relevant sections.
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 15/07/2025 at 11:42:49
2.
Learned counsel for the petitioner submits that local police has not properly investigated the case and despite the allegations against respondent no.5- Mr. Sushant Bera instead of implicating him as an accused, he has been made a witness by the police. He submits that police has not conducted the investigation in a fair manner, and therefore, need for transfer the investigation to the Crime Branch/CBI.
3.
Learned ASC appearing for Respondent no.1 and 2 submits that investigation has since been completed and charge sheet already filed before the court of learned Metropolitan Magistrate under Section 201/202/304A IPC qua accused Sumant Parmanik. He further submits that petitioner has already filed an application before the court of learned Metropolitan Magistrate under Section 173(8) Cr.P.C for issuing directions for further investigation. He submits that investigation being complete, the writ petition is not maintainable at this stage.
4.
After part submissions, Mr. Harsh Gautam, learned counsel for the petitioner seeks permission to withdraw the present petition seeking liberty to pursue his application under Section 173(8) Cr.P.C pending before the court of learned Metropolitan Magistrate.
5.
The statement made by learned counsel is taken on record, and the petition is dismissed as withdrawn with liberty as prayed for. RAVINDER DUDEJA, J JULY 11, 2025/ib/na 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 15/07/2025 at 11:42:49