Ramesh Kumar v. Union Of India Through Home Secretary & ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2660/2024, CRL.M.A. 26169/2024 RAMESH KUMAR .....Petitioner Through:

Mr Rajeshwar Singh and Ms. Saloni Singh, Advocates.

versus UNION OF INDIA THROUGH HOME SECRETARY & ORS.

.....Respondent Through:

Adv Nidhi Raman (CGSC), UOI.

Ms. Rupali Bandhopadhya ASC with Mr. Abhijeet Kumar Advocate.

Mr. Rajesh kumar SPP with Adv Mishika Pandita for R-4/CBI.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.12.2025 1.

A Criminal Writ Petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the Petitioner seeking directions for transfer of the investigations in case FIR No.31/1994 dated 20.10.1994 under Section 302 IPC P.S. Dabri, SouthWest Distt, New Delhi to CBI. 2.

It is submitted that Shri Rajesh died in mysterious circumstances for which FIR No.31/1994 under Section 302 IPC was registered on 19/20.01.1994. By the Order of DCP dated 08.03.1994 the investigations were transferred to Special Staff of the District. The various Representations dated 25.04.2007, 13.02.2008 and 12.02.2021 were made for fair investigations in the FIR and the Petitioner offered himself to given The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assistance of unearth the truth and had given the name of the suspected accused persons. He submitted various Representations to the Police Commissioner where he apprised about his earlier Representations and also named the accused persons who wanted to kill the Petitioner for which Complaint was filed in PS Dabri, New Delhi, but no action has been taken. Similar Representations were submitted to Director, CBI on 08.07.2021. The Petitioner also submitted reminder Representation to Director, CBI on 15.07.2022. Despite these Representations, no action has been taken as the Petition has been field for transfer of the investigations in the said FIR to CBI.

3.

The Status Report has been filed on behalf of the State wherein it is submitted that due investigations were carried out by the Special Staff, South -West District and thereafter Untraced Report was filed in the Court in 1996 because of insufficient evidence and leads. All the information as provided by the Petitioner was duly considered. It is, therefore, stated that the Petition filed by the Petitioner be dismissed as without basis. Learned ASC for State further submits on instructions that Untraced Report has been accepted by learned MM.

Submissions heard.

4.

It is an unfortunate case of demise of Shri Rajesh in an incident. The Petitioner was an auto-rickshaw driver in whose auto deceased Rajesh had travelled. The Petitioner was examined during the investigations and the Interrogation Report is also available, from where it emerged that he was not an eye witness, but the deceased had merely travelled in his auto on one occasion. The Petitioner herein submits that he has information about the actual accused persons. However, he has already been interrogated. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

untraced report has already been accepted. No substantive directions are merited in the present Petition, which is hereby dismissed along with the pending Application(s).

NEENA BANSAL KRISHNA, J DECEMBER 18, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.