ORDER

% 27.01.2023 W.P.(CRL) 2012/2022

1. This petition has been filed for directing transfer of FIR No.53/2021, PS Economic Offences Wing, Mandir Marg, to the CBI on the ground that the alleged offences involve are of a larger scale and therefore, would require investigation by the CBI.

2. Ld. Sr. Counsel for the respondents No.2 to 4 contends that this is essentially a dispute between the petitioner and respondent No.3 who are both brothers, in relation to respondent No.2 company and the respondent No.2 company is already before the NCLT on account of a petition filed by the petitioner seeking SFIO investigation into respondent No.2 company. The Ld. Sr. Counsel has also adverted to the decision of the constitutional Bench of the Hon’ble Supreme Court in State of West Bengal & Ors. vs. Committee for Protection of Democractic Rights, West Bengal, (2010) 3 SCC 571, which has been cited and followed by the Hon’ble Supreme Court in Himanshu Kumar & Ors. vs. State of Chhattisgarh & Ors., W.P. (Crl.) No.103/2009, date of decision 14.07.2022, where the Hon’ble Supreme Court has stated that – “The principle of law that emerges from the precedents of this Court is that the power to transfer an investigation must be used “sparingly” and only “in exceptional circumstances”. In assessing the plea urged by the petitioner that the investigation must be transferred to the CBI, we are guided by the parameters laid down by this Court for the exercise of that extraordinary power.”

3. Ld. Counsel for the petitioner further states that he was a dominant shareholder in the respondent No.2 company and ran it alongwith his brother and has alleged fraudulent activities by his brother in relation to the same.

4. Ld. Additional Standing Counsel submits that the EOW is progressing with the investigation and in fact, the monitoring of the investigation was also sought by the petitioner before the Ld. CMM who has already directed the filing of the Status Report and the matter is fixed for 27.05.2023.

5. In view of these facts and circumstances, as also that the petitioner has already moved the NCLT for SFIO investigation and that the EOW is progressing with the investigation and monitoring has already been sought, the grounds stated by the petitioner do not cross over the threshold as stated by the Hon’ble Supreme Court (supra), this petition is dismissed.

6. Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 27, 2023/kct