$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010428582026 + W.P.(CRL) 2797/2026 & CRL.M.A. 28077-28078/2026 NEELAM YADAV AND ORS .....Petitioner Through: Mr. Rajeev Saxena, Sr. Adv, Mr. Veerendra Kr. Sinha, Ms. Megha Saxena, Mr. Rajendra Prasad, Ms. Suman Prabhakar, Mr. Binay Kr. Shukla, Advs. along with Petitioners. versus STATE , NCT DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC with Mr. Sangeet Sibou, Ms. Priya Rai, Ms. Shristi Kumar, Mr. Purvit Jain, Ms. Katyayani Dwivedi and Ms. Anushka Mishra, Advs. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.09.2026 1. The petition is for the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction transferring the investigation in FIR No. 08/2021, P.S. EOW, Delhi, and all connected proceedings including Cr. Case No. 12312/2023, State vs. Binay , Kumar Mishra, to the Central Bureau of Investigation (CBl) for de novo / further investigation in a fair, impartial and time- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:12:28 bound manner. b) Direct that upon such transfer, the CBI shall be at liberty to conduct de novo investigation, collect and analyze all relevant documents, trace the complete money trail, fix individual roles of each accused, and file fresh/further reports before the competent court in accordance with law. c) Direct that all original records, case diaries, bank statements, seized documents and other material currently in possession of EOW shall forthwith be handed over to the CBI, and that the Respondents shall fully co-operate and not tamper with or destroy any evidence; d) Pass appropriate interim order staying further proceedings before the learned Trial Court in Cr. Case No. 12312/2023/FIRNo; 08/2021, P.S. EOW, pending conclusion of investigation by the CBI and filing of its report;” 2. Heard Mr. Rajeev Saxena, learned senior counsel for the petitioners. He points out various infirmities in the investigation including non- compliance of the Court’s directions. He has specifically referred the order dated 11.09.2025 passed by the Chief Judicial Magistrate passed in Cr. Case 12312/2023, wherein, in one of the paragraphs, he has held as under: “Perusal of the status report dated 03.09.2025 states that investigation is pending. In fact first status report filed on 21.12.2024 had mentioned about several pending points for investigation. Several status reports have been filed after that. However,' none of them have clarified the following points; (a) Investigation done on the aspect of withdrawal of Rs. 65.4 Lakhs within two months in 2015 (b) Destination account of aforesaid transferred funds, (c) Investigation done regarding authenticity of sale deeds submitted by trust, (d) Whether any inquiry was done from farmers / land owners regarding land purchasers. (e) Efforts made to obtain missing documents such as audited financial statements, detailed members lists and minutes of trust nothings. (f) Whether inquiry was made from trustees regarding funds usage and details.” 3. From the aforesaid, he points out that even the aspects mentioned in the aforesaid order have not been looked into. In addition to the aforesaid aspects, Mr. Saxena has also highlighted the reasons as to why the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:12:28 investigation has to be handed over to another Agency. He has taken various grounds as have been mentioned in the petition. 4. The Court, however, has been apprised that the Charge-sheet has been filed. If the grievance raised by the petitioners is not fully mitigated, the FIR will not be taken to its logical conclusion. Therefore, to have the fair investigation, the Investigation Agency is under an obligation to adhere to the directions already passed by the concerned Magistrate. The concerned Magistrate is also fully empowered to issue further directions, if the same are required for fair investigation. The reference can be made to the decisions passed by the Supreme Court in the case of Sakiri Vasu v. State of U.P.1, wherein, in paragraph nos. 27 and 28, the Supreme Court has held as under: “27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 CrPC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC. 28. It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere.”. 5. The concerned Magistrate is directed to look into all the grievances raised by the petitioners and to do the needful. 6. With the aforesaid observations, the petition, along with pending This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:12:28 application, stands disposed of. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 15, 2026 aks 1 (2008) 2 SCC 409 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2026 at 12:12:28