Delhi High Court
Shri Naveen Kumar Peer vs Govt. Of National Capital ... on 7 July, 2010
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 7th July , 2010
W.P. (Crl.) 155/2008
% 07.07.2010
SHRI NAVEEN KUMAR PEER ... Petitioner
Through: Mr. Hitender Kapur, Advocate
Versus
GOVT. OF NATIONAL CAPITAL
TERRITORY OF DELHI AND OTHERS ...Respondents
Through: Mr. Pawan Sharma, Standing Counsel with Mr. Sushil Sharma,
APP
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORAL
1. Present petition has been filed by the petitioner under Article 226 of
Constitution of India read with section 482 Cr. P.C. seeking directions for transfer
of investigation in FIR No. 357/2006, P.S. Tilak Marg, under section
403/406/408/420 IPC.
2. The petitioner is complainant in the above FIR and it is submitted by the
petitioner that he has lost faith in Delhi Police as they have failed to complete the
investigation in more than one year and the Investigating Officer, who was
investigating the case, was not competent enough to investigate the matter as he
did not had expertise. The officer was acting in lethargic manner and it could not
WP (Crl. ) No. 155 of 2008 Page 1 Of 2
be expected that he could do a fair investigation. It was also submitted that the
documents were not sent for opinion to FSL by the Investigating Officer.
3. Status reports about the investigating of the case were filed in this case
from time to time. The first status report is of 21st July, 2007, second of 17th
March, 2008, third of 30th April, 2009, 4th of 18th January, 2010 and the 5th of 9th
April, 2010. From these status reports it is evident that the case involved
intensive investigation and the investigation was being carried by Delhi Police in
accordance with law. In the final status report it was submitted that the charge-
sheet against accused Ajay Bhatnagar has already been filed on 5 th March, 2010.
Accused Ajay Bhatnagar was arrested on 5th January, 2010. Other accused
persons were absconding and were not available at their residence. Efforts were
being made to arrest the other accused persons & NBWs of accused persons had
been obtained from the court of MM. FSL report and report of a Chartered
Accountant has also been received by the police. Subsequent charge-sheet
would be filed against other accused persons after collecting further evidence.
4. As the investigation in this case has already been completed in respect of
one of the accused with charge-sheet filed and further investigation was being
carried, I find no reason to keep this petition pending. It is not appropriate to
transfer the investigation as the substantial investigation has already been done.
The petition is hereby dismissed.
July 07, 2010 SHIV NARAYAN DHINGRA J.
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WP (Crl. ) No. 155 of 2008 Page 2 Of 2
