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2026 Supreme(Online)(Del) 9708

IN THE HIGH COURT OF DELHI AT NEW DELHI


W.P.(CRL) 1131/2026, CRL.M.A. 10701/2026 (for stay)


GAURAV CHHIBBER .....Petitioner

versus

STATE (NCT OF DELHI) AND ORS .....Respondents


Through: Counsel (appearance not given).

Through: Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates.

SI Amit Kumar, P.S.; Moti Nagar and SI Vandana, DIU/West.


CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI


08.04.2026

O R D E R

%

CRL.M.A. 10720/2026

Exemption granted, subject to just exceptions.

The application stands disposed-of.

W.P.(CRL) 1131/2026

By way of the present writ petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner, who is the complainant in case FIR No.315/2025 dated 10.06.2025 registered under sections 318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) at P.S.: Moti Nagar, West Delhi seeks setting-aside of order dated 26.03.2025 (sic, 26.03.2026), by which the investigation in that FIR has been transferred by the DCP, West District, New Delhi from P.S.: Moti Nagar to District Investigation Unit (‘DIU’), West District.

2. Order dated 26.03.2026 is not on record. A copy of the same has been handed-up in court; and the same is taken on record.

3. Learned counsel for the petitioner submits, that the transfer has happened at the request and instance of the accused persons, who are trying to have the matter investigated by a unit that may be convenient to them.

4. Issue notice.

5. Mr. Sanjay Lao, learned Standing Counsel (Criminal) appears on behalf of the State on advance copy; accepts notice; and disputes the allegation made on behalf of the petitioner.

6. Mr. Lao submits however, that in order to put a closure to the controversy, and since the allegations in the subject FIR relate to cyber fraud, it may be advisable to transfer the investigation out of both P.S.: Moti Nagar, West Delhi as well as P.S.: DIU, West to P.S.: Cyber Cell, West District, Delhi, which is a specialised agency that investigates cyber-crime.

7. Though ordinarily P.S.: Cyber Cell deals with higher value cyber-crimes, however considering the contours of the present matter, and the grievance expressed by the petitioner, but without commenting on the merits of that grievance, this court considers it appropriate that further investigation in case FIR No.315/2025 dated 10.06.2025 registered under sections 318(4)/3(5) of the BNS at P.S.: Moti Nagar, West Delhi be transferred to P.S.: Cyber Cell, West District forthwith.

8. A copy of this order be communicated to the DCP West District forthwith.

9. Petition stands disposed-of in the above terms.

10. Pending applications, if any, also stand disposed-of.

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