Dr. Mujahid Masroor v. The State NCT of Delhi & Anr.

1. Petitioner is facing investigation in FIR No. 451/2025 dated 07.11.2025 registered under Section 118 (1) and 126(2) of BNS, 2023 (corresponding Section 324 and 341 IPC) at P.S Mandawali Fazalpur, District-East, Delhi.

2. Learned counsel for petitioner submits that since there are, intrinsically, connected allegations with respect to another incident dated 07.11.2025 which involves illegal detention, custodial violence and abuse of authority by the Police Officer of the same Police Station, the investigation of the abovesaid case related to FIR No. 451/2025 be transferred to a Police Station situated outside the territorial jurisdiction of East- District.

3. Learned counsel for petitioner has invited attention of this Court to order dated 24.11.2025 passed by Coordinate Bench of this Court in W.P.(Crl.) 3867/2025 whereby his earlier petition was directed to be treated as a representation with the direction to dispose of the same by way of a speaking order. He submits that in view of the abovesaid specific direction, his representation is under consideration. In his such representation, he has, as claimed, made allegations against the Police Officers of the same Police Station and one of them is of the rank of Assistant Commissioner of Police.

4. Learned counsel for petitioner submits that based on his representation, an inquiry has already been ordered.

5. Learned Standing counsel (Crl.) for State appears on advance notice and submits that the investigation in the ongoing case is, virtually, at fag end and since the period of sixty days is about to expire, even the charge-sheet is likely to be filed very shortly so as not to breach the outer limit fixed by the statute. He also contends that investigation is being done impartially. He, however, supplements that in order to remove any kind of complaint of bias or prejudice, he would have no objection if the investigation is directed to be carried out by other Police Station or even by some other agency.

6. Learned counsel for petitioner submits that the abovesaid embargo of completing investigation within prescribed period would not come into play as the accused is already on bail.

7. In view of the submissions coming from the learned Standing counsel (Crl.) for the State the present petition stands disposed of with the direction that let the investigation, hence onwards, be carried out by District Investigation Unit (DIU), East District and the same be supervised by a Senior Rank Police Officer.

8. It is, however, clarified that the present order may not be construed as if the investigation, which has so far been carried, is biased.

9. Petition along with pending application stands disposed of.

JUDGE JANUARY 9, 2026/sw/js