The court emphasized the necessity for a fair investigation under Article 32, allowing transfer to ensure thoroughness and sensitivity towards a minor.

ORDER

1. This Writ Petition has been filed invoking Article 32 of the Constitution of India by the father of the minor victim girl, seeking the transfer of investigation in FIR No.716 of 2023 dated 13.10.2023, pending before the Police Station Noida Sector-39, District Commissionerate Gautam Budh Nagar, Uttar Pradesh, to the Crime Branch, Delhi or any police station in the jurisdiction of Delhi, on the premise that the investigation thus far has been perfunctory. The FIR has been registered under Sections 147 , 323, 352, 354A and 506 of the Indian Penal Code , 1860 against the private respondent Nos. 2-6 who are minor boys.

2. Mr. Sidharth Agarwal, learned senior counsel appearing for the petitioner, submits that the averments in the complaint are serious. However, no fruitful investigation has been conducted, including seizure of the phones used by the accused persons or examining their social media accounts. It is also submitted that the police and the school management are threatening the petitioner to withdraw the complaint and in order to ensure a fair investigation, the aforementioned FIR should be transferred to the Crime Branch, Delhi.

3. Learned counsel appearing for the State and the private respondents submits that the petitioner has rushed to this Court by invoking Article 32 of the Constitution of India. It is stated that the investigation is ongoing and that the allegations do not warrant transfer of the FIR at this stage.

4. We have perused the documents furnished by the learned senior counsel for the petitioner. On such perusal and taking into consideration the fact that the investigation is not only tardy but also extremely slow, we deem it appropriate to transfer the investigation in FIR No.0716 of 2023, pending at Police Station Noida Sector-39, District Commissionerate Gautam Budh Nagar, Uttar Pradesh, to the Crime Branch, Delhi.

5. We clarify that we have not expressed any opinion on the merits of the case.

6. We hope and trust that the investigating officer will show adequate sensitivity to both the victim and the accused persons who are all minors.

7. With the above directions, the Writ Petition stands allowed accordingly.