Shivani v. The State NCT Of Delhi And ANR
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHIVANI .....Petitioner Through:
Mr. Ankit Rana, Advocate versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya, Ms. Priyam Agrawal and Mr. Aryan Sachdeva, Advocates along with Insp.
Surender Singh, SI Pravin Singh and SI Neeraj, PS: Kanjhawala
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 17.02.2025 1.
The present petition has been filed seeking the following reliefs: - "(a) Pass an appropriate order to transfer the investigation in the present case to a fair and unbiased competent investigating agency directing them to investigate the present matter in a diligent manner and/or (b)Pass directions to the investigating agency to add proper sections as per law and/or (c) Pass appropriate directions to direct the Magistrate or an officer not less than the rank of DCP to monitor the investigation in the present matter"
2.
Learned Standing Counsel has handed over the status report dated 13.02.2025. He states that an FIR No. 314/2024 dated 21.07.2024 has been registered under Sections 323/341/34 of the Indian Penal Code, 1860 ('IPC').
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
He states that while it is a matter of record that there was an incident of altercation between the deceased and the accused on 27.09.2023; however, a preliminary investigation has revealed that the deceased died due to ingestion of a poison.
4.
He states that the Investigating Officer ('IO') had relied upon the MLC dated 29.09.2023 and examination of the doctor, who prepared the said MLC to conclude the above.
5.
He states that there has been no foul play in the investigation at the end of the IO and the concerned Police Station. 6.
Learned counsel for the Petitioner states that there is a history of animosity between the deceased and the accused persons pertaining to allegations qua one Ms. Neetu, a family member of the accused. 7.
He states that Petitioner fairly believes that the FIR should have been registered either under Section 302 IPC or Section 306 IPC. 8.
He states that he would be satisfied if the investigation is transferred to District Investigation Unit ('DIU'), Rohini District, Delhi so that a fresh review of the material and investigation can take place at the stage, more so considering the charge-sheet has not been filed as yet. 9.
This Court has considered the facts and submissions. 10.
In view of the admitted facts that the deceased has passed away and his date of death is closely related to the admitted incident of 27.09.2023 of altercation between the deceased and the accused, which has admittedly led to registration of FIR No. 314/2024, despite the commission of a cognizable offense on 27.09.2023, which was promptly reported to the police on the day of the incident, and the statements of the Petitioner and her mother being duly recorded by officials of PS Kanjhawla, along with a formal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
representation made to the DCP, Rohini, and the Joint Commissioner of Police, Rohini, the subject FIR was only registered on 21.07.2024 that too pursuant to the issuance of a judicial order dated 10.07.2024 under Section 156(3) of the Code of Criminal Procedure, 1973, by the learned JMFC-02, North-West District, Rohini Courts, Delhi. Therefore, so as to ensure that the apprehension expressed by the Petitioner with respect to a fair investigation is satisfied and the investigation is hereby transferred from Police Station Kanjhawala to Police Station DIU, Rohini District, Delhi. The competent authority is directed to ensure that the investigation is transferred within one (1) week.
11.
Considering that the alleged incident took place on 27.09.2023 the Police Station DIU, Rohini District, Delhi is directed to undertake and complete the investigation on priority and file its final report before the concerned Trial Court expeditiously.
12.
It is made clear that the issuance of these directions is not an expression of opinion on the merits of the case. 13.
Accordingly, the petition stands disposed of. MANMEET PRITAM SINGH ARORA, J FEBRUARY 17, 2025/rhc/AKT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.