Petitioner sought transfer of investigation and addition of sections in an FIR concerning her father's death after an altercation. Noting the FIR was registered only after a judicial order under Section 156(3), the court transferred the investigation from PS Kanjhawala to DIU Rohini and directed completion on priority.
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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
“(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”
W.P.(CRL) 2565/2024
Page 1 of 3
This is a digitally signed order.
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 02/07/2025 at 00:40:28
of the incident, and the statements of the Petitioner and her mother being duly recorded by officials of PS Kanjhawla, along with a formal
W.P.(CRL) 2565/2024
Page 2 of 3
This is a digitally signed order. 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 02/07/2025 at 00:40:28
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.
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 17, 2025/ rhc/AKT
W.P.(CRL) 2565/2024
Page 3 of 3
This is a digitally signed order.
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 02/07/2025 at 00:40:28
2 issues framed by the court
Whether investigation in FIR No. 314/2024 should be transferred to ensure a fair investigation given delayed FIR registration.
Whether additional sections (302 or 306 IPC) should be added to the FIR.
2 provisions across 2 enactments
Shivani
The State NCT of Delhi
Anr
Manmeet Pritam Singh Arora
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
