Case Law
Subject : Criminal Law - Writ Petition
New Delhi: The Delhi High Court has directed the Delhi Police to submit a detailed status report regarding the investigation into a murder case, following a plea by the deceased's brother and two eyewitnesses to transfer the probe to the Central Bureau of Investigation (CBI). The petitioners alleged they are being harassed by the police and have also sought protection.
The single-judge bench of Justice Neena Bansal Krishna , while hearing a criminal writ petition, ordered the State to file the report before the next hearing scheduled for September 16, 2025.
The petition was filed by Mr. Kaushal Singh, the brother of the deceased, along with Mr. Sumit Singh and Mr. Anil Verma, who are identified as eyewitnesses in the case. They have moved the High Court under Article 226 of the Constitution, seeking judicial intervention in the ongoing investigation.
The case pertains to FIR No. 515/2025, registered at Police Station Kalkaji, under Sections 103(1) (Murder) and 3(5) (related to Organized Crime) of the newly enacted Bharatiya Nyaya Sanhita, 2023.
The primary grievance raised by the petitioners is the alleged harassment by the Delhi Police officials handling the investigation. Citing a loss of faith in the local police's ability to conduct a fair and impartial probe, the petitioners have made two key prayers before the court:
Appearing on advance notice for the State, the Additional Standing Counsel (ASC) requested time to respond to the allegations and present the current status of the investigation.
Acknowledging the seriousness of the matter, the court granted the request and issued the following directions:
"Let the Status Report/Progress Report be filed before the next date of hearing with advance copy to the opposite counsel."
In an interim measure, Justice Krishna explicitly directed the respondents to ensure that the investigation is conducted strictly by the law.
"In the interim, the Respondents are directed to conduct the investigations, in accordance with the provisions of B.N.S.S., 2023."
This initial order sets the stage for judicial scrutiny of the police investigation. The status report will be crucial for the court to determine whether the petitioners' allegations of harassment have merit and if the circumstances warrant transferring the high-profile murder case to the CBI. The court’s decision on the pleas for protection and transfer of the probe will depend heavily on the contents of the report submitted by the Delhi Police.
#DelhiHighCourt #CBIProbe #BNS2023
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