2025:UHC:7572 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 876 of 2025 Hon’ble Ashish Naithani, J. Mr. Devesh Saini, learned counsel for the petitioner appeared through V.C. 2. Mr. Akshay Latwal, learned A.G.A. assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. The present writ petition under Article 226 of the Constitution of India is filed by the petitioner directing the respondent to transfer the investigation of case crime no.453 of 2024 under Section 137(2) Bharatiya Nyaya Sanhita, 2023, Police Station Piran Kaliyar, District Haridwar to independent investigation agencies CBCID. 4. Learned counsel for the petitioner makes submissions that the investigation conducted by the police is neither fair nor impartial and, therefore, in the interest of justice, the matter deserves to be entrusted to an independent agency. 5. Per contra, learned State counsel opposed the petition, submitting that the investigation has been conducted strictly in accordance with law and that there is no material to justify the transfer of the case. 6. I have considered the submissions 2025:UHC:7572 advanced on behalf of both parties and perused the record. 7. It is a well-settled position of law that the power to direct transfer of investigation to an independent agency such as the Central Bureau of Investigation is an extraordinary power to be exercised sparingly, in rare and exceptional cases. The Hon’ble Supreme Court in ‘Sakiri Vasu v. State of Uttar Pradesh’, (2008) 2 SCC 409, ‘State of West Bengal v. Committee for Protection of Democratic Rights’, (2010) 3 SCC 571, and ‘K.V. Rajendran v. Superintendent of Police’, (2013) 12 SCC 480, has consistently held that such a transfer can only be ordered when there exists sufficient material to demonstrate that the investigation carried out by the police is unfair, biased, or actuated by mala fides. Mere apprehension, without cogent and convincing evidence, cannot be a ground for transfer. 8. In the present case, save and except for general and vague allegations, no credible material has been placed before this Court to establish that the investigation undertaken by the police is tainted or suffers from illegality. 9. Furthermore, it is not in dispute that the investigation in the present case has already culminated in the filing of a charge-sheet before the competent court under Section 173 of the 2025:UHC:7572 Code of Criminal Procedure. Once the investigation stands concluded in such manner, the scope for directing transfer of investigation does not survive. 10. In view of the foregoing discussion, this Court is of the considered opinion that the prayer for transfer of investigation to an independent agency cannot be acceded to. Moreover, since the charge-sheet has already been filed, the present petition has rendered infructuous, therefore, the petition is, accordingly, disposed of. (Ashish Naithani, J.) 26.08.2025 Akash