Kanish Raaj Gambhir v. State Of NCT Of Delhi & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 619/2017 KANISH RAAJ GAMBHIR ..... Petitioner Represented by:

Mr. Divyansh Kishore Sharma, Advocate.

versus STATE OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Ashish Aggarwal, ASC and Mr. Piyush Singhal, Advocate with SI Rajiv Singh, PS Mehrauli.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.01.2018 By this petition, the petitioner had sought transfer of the investigation from PS Mehrauli to independent investigating agency DIU. Status report has been filed. As per the status report charge sheet has already been filed in case FIR No. 117/2017.

The grievance of the petitioner is that Sections 307 and 324 IPC have not been invoked by the investigating agency despite oral request of the victim.

It would be for the Court concerned to ascertain at the stage of framing of charge on examining the charge sheet and considering the statements of the witnesses regarding the offences made out. Thus merely some provisions of the IPC having not been invoked in the charge sheet would not make out a case for transferring of the investigation to any W.P.(CRL) 619/2017

independent agency for further investigation or returning a finding that the same is not in accordance with law, also for the reason it is not the case that statements of the witnesses have not been recorded properly. This Court finds no merits in the petition.

Petition is dismissed.

MUKTA GUPTA, J.

JANUARY 11, 2018 'yo'

W.P.(CRL) 619/2017