There must be a cogent reason for transferring the investigation to CBI, the investigation cannot be transferred to CBI merely because the victim believes that the investigation has not been done fairly --Delhi High Court

The Delhi High Court has dismissed a woman's plea seeking transfer of further investigation in a sexual assault case from the Delhi Police to the CBI, saying that Passing order for transfer of investigation is a serious matter . There must be some solid ground for transfer of investigation.Investigation cannot be transferred merely because the victim believes that the investigation has not been conducted fairly.                                                   The court said that the woman has not given any concrete reason in her petition, due to which she has lost faith in the investigation of Delhi Police.The court further said that nothing has come to light from which it can be inferred that there has been any dereliction of duty or negligence in the investigation by any police officer.                                                                As per the case of the complainant, the complainant is a former employee of a private limited company, it is alleged that she has been sexually harassed by a senior official of the company.She has also alleged in the complaint that the head of her department has also helped the accused in harassing her.                                            The victim says that the FIR in the matter was registered after she made an application in a Delhi court u/s 156 (3) of the Code of Criminal Procedure.On the orders of the court, an FIR was registered against the accused in the IGI Police Station under sections 509, 354 and 34 of the Indian Penal Code.                                                    As per the facts of the case, Delhi Police has investigated the case and submitted the charge sheet in the trial court and the accused are out on bail.                        The woman has alleged that the police have not tried to investigate the matter impartially and there are many flaws in the investigation.The woman had filed a petition in the Delhi High Court seeking transfer of the case to the CBI for re-investigation and further investigation.The woman had also demanded in the petition that the arrest of the accused is necessary for a fair investigation, so the investigating agency should be directed to arrest the accused.Along with this, he also demanded that instructions should be given to higher officials of Delhi Police to take action against the policemen who were negligent in the investigation.Apart from this, the woman had demanded that the investigating agency be directed to proceed with the investigation of the case by taking the laptop mobile etc. of the accused in their possession.                                       According to the facts of the case, the woman had filed a similar petition in the High Court earlier as well, demanding that the case be transferred to the CBI for investigation, which was rejected by the court. The court told the woman that she should file an application in the magistrate's court seeking further investigation or re-investigation. The high court said that The Magistrate has the power to order further investigation or re-investigation.The proper way is for women to apply for further investigation or re-investigation in the Court of Magistrate under section 156 (3) of the Code of Criminal Procedure.considering which the Magistrate may make appropriate order under section 173 (8 ) of CrPC for further investigation or re-investigation.                                  The court said that this option is still available with the woman and she can obtain an appropriate order by applying to the court of the competent magistrate.                       The court observed that the petitioner cannot file the same demand time and again as it violates the principle of res-judicata.The court said that the petition of the woman is not maintainable.                  Justice Jasmeet Singh said that further investigation into the matter after filing the chargesheet is a matter which is entirely within the purview of the investigating agency and the competent court.For which there is a provision in the Code of Criminal Procedure, only under these provisions, a person has the right to demand further investigation or re-investigation.                                                                    The court said that the relief sought by the petitioner can be granted only when further investigation or re-investigation is ordered by a magistrate in accordance with the procedures laid down in the CrPC.This Court is not the appropriate forum to grant the relief sought by way of the writ petition.Invoking the writ petition jurisdiction of this Court for seeking the above relief is not the correct procedure.Whereas effective remedies are available to the petitioner under Cr.P.C.                                                                   The court also said that it is satisfied with the investigation by the police, that the concerned investigating officers have investigated all the allegations of the woman in a fair and just manner.