$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2091/2026 SH BRIJESH SHARMA & ANR. .....Petitioner Through: Mr. Manoj Sharma, Advocate. versus STATE GOVT OF NCT OF DELHI & ORS. .....Respondent Through: Mr. Amol Sinha (ASC Criminal For State) along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mrs. Chavi Lazarus, Mr. Nitish Dhawan, Advocates for State. Mr R K Tarun, Ms Aditi Shivadhatri, Ms Khushi Gupta, Mr Hemant Jain, Advocates for R-2 and 3. Mr Arvind Kumar Gupta, Sr Advocate with Mr C Prakash, Adv, Mr Abhiesumat Gupta, Mr Ashish Singh, Advocates for R-6. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 20.07.2026 1. The present petition is filed under Article 226 of the Constitution of India along with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 [“BNSS”], seeking issuance of a writ of mandamus directing respondent no.1-State to transfer the investigation of FIR No.0166 dated 15.03.2024, registered at Police Station Burari, Delhi under Sections 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 23/07/2026 at 12:28:14 420/467/468/471/120B of Indian penal Code, 1860 [“IPC”], along with complaints dated 14.05.2026, 16.05.2026 and 16.06.2026, to the Specialized Task Force or any other independent agency for a fair and impartial investigation. 2. According to the petitioners, they are owners of property bearing No.184-A situated at Village Burari, Delhi. It is alleged that respondent nos.2 to 8, acting in concert, attempted to grab the said property. The petitioners further contend that after initially failing to do so, the respondents induced them to produce and hand over the original title documents on the pretext of verification in connection with a proposed sale transaction. 3. Thereafter, the original title documents were allegedly retained and subsequently circulated amongst the private respondents, who claimed rights over the property. It is further alleged that respondent no.4 asserted that he had already purchased the property and was in possession of the original title deeds. On discovering these facts, the petitioners lodged complaints dated 14.05.2026, 16.05.2026 and 16.06.2026 alleging commission of further cognizable offences. According to the petitioners, despite the aforesaid complaints, no effective action has been taken by the investigating agency. The petitioners further allege that the investigation is not being conducted in a fair and impartial manner and, therefore, seek transfer of the investigation to an independent agency. 4. The petition has been strongly opposed by learned counsel for respondent nos. 2 and 3, who appears on advance copy. Learned counsel further submitted that the investigation is being conducted in accordance with law and no exceptional circumstance is made out warranting transfer of 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 23/07/2026 at 12:28:14 investigation to any independent agency. 5. In support of the aforesaid submission, learned counsel has drawn the attention of this Court to paragraph 9 of the status report filed in W.P.(Crl.) No.2233/2024 dated 18.10.2024, which reads as under: “9. That, during the course of investigation, the copy of Sale Deed of the Respondent No. 2 i.e. registration No. 2023/19/1/13165, in Book No. 1, Vol No 10142, on Page 105 to 120 on 30/11/2023 was obtained and this Sale Deed was verified from Sub-Registrar office through a Notice U/s 91 CrPC and as per reply dated 05/04/2024, the Sale Deed was found genuine. This sale deed shows that the consideration amount of Rs. 1,54,50,000/- (One Crore Fifty-Four Lac Fifty Thousand only) was received by Suman Devi from Respondent No. 2 and details of money can be seen at Page No 5 of Sale Deed as under: Rs.25,75,000/- by Cheque No.171707, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.25,75,000/- by Cheque No.171708, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.25,75,000/- by Cheque No.171709, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.25,75,000/- by Cheque No.171710, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.25,75,000/- by Cheque No.171711, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.24,20,500/- by Cheque No.171712, dated: 29.11.2023, drawn on Union Bank of India, Pankha Road Branch, Delhi-110058. Rs.1,54,500/- as TDS which has been deducted by the Vendee” 6. The Court, however, bears in mind the fact that FIR No.0166/2024 has already been registered at the instance of the petitioners at Police Station Burari under Sections 420/467/468/471/120B IPC and the investigation therein is presently underway. The subsequent complaints also arise out of the same transaction. 7. At this stage, it is apposite to refer to the decision of the Constitution Bench of the Supreme Court in State of West Bengal and Others v. 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 23/07/2026 at 12:28:14 Committee for Protection of Democratic Rights, West Bengal and Others,1 (2010) 3 SCC 571, wherein the Supreme Court, in paragraph 70, held as under: 70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations. [Emphasis Supplied] 8. Applying the aforesaid principles to the facts of the present case, this Court does not find any exceptional circumstance warranting the exercise of its extraordinary jurisdiction to direct transfer of the investigation to another agency. Since the subsequent complaints arise out of the same property transaction which forms the subject matter of FIR No. 0166/2024, they shall also be examined by the Investigating Officer already seized of the investigation in the said FIR, which would adequately serve the ends of justice. 9. Accordingly, FIR No.0166/2024 as well as the complaints dated 14.05.2026, 16.05.2026 and 16.06.2026 shall be considered by the 1 (2010) 3 SCC 571 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 23/07/2026 at 12:28:14 concerned Investigating Officer in accordance with law. 10. With the aforesaid observations, at this stage, the petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 20, 2026 aks 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 23/07/2026 at 12:28:14