CBI couldn't have lodged fresh FIR in transferred rape case: Daati Maharaj to HC

Self-styled preacher Daati Maharaj, accused in a sexual assault case, told the Delhi High Court on Friday that the CBI has lodged a fresh FIR in the matter against followed norms.

His lawyers made the submission before a bench of Chief Justice Rajendra Menon and Justice V K Rao while seeking review of the high court's October 3 order transferring the case to the Central Bureau of Investigation (CBI) from the Delhi Police's Crime Branch.

Delhi Police, represented by additional standing counsel Sanjoy Ghose, told the bench that its probe into the case was not partisan as alleged by the victim and added that the preacher was interrogated eight times during the investigation.

Police, however, said it was not challenging the transfer of probe to the CBI.

The victim's lawyers said that the court was right to transfer the case to the CBI as Delhi Police had not arrested the accused despite the seriousness of the allegations.

After hearing all the sides, the bench reserved its order on Daati's plea for review of the court's October 3 decision.

Senior advocate N Hariharan, appearing for the preacher, urged the bench to review its order, arguing that the victim had concealed from the high court information regarding pleas filed earlier on the same issue.

Hariharan also contended that it was the trial court's discretion to decide whether the investigation carried out till then was lacking or not and the high court ought not to have taken away that power under Article 226.

The plea against the October 3 order was initially filed in the Supreme Court which had asked the self-styled preacher to approach the high court with his grievance.

CBI had earlier submitted before the high court its status report of the probe in a sealed cover. The agency had registered a case of rape and unnatural sex against Daati on October 26.

The bench was also hearing two pleas, one by the complainant, and another seeking transfer of the case to the CBI.

The court had earlier allowed the complainant woman's plea to transfer the matter to the CBI, saying the manner in which the Delhi Police carried out the probe "casts a shadow on the investigation".

The bench had said the police did not arrest the accused in the case even after recording the complainant's statement before a magistrate under Section 164 of the Criminal Procedure Code (CrPC).

The Crime Branch on October 1 had filed a charge sheet in the trial court which was hearing the matter.

The complainant's plea was earlier being heard by a single judge bench of the high court, but was transferred to the division bench after a PIL on the issue was filed.

A complaint was filed against Daati Madan Lal alias Daati Maharaj on June 7 and an FIR was registered on June 11. On June 22, police questioned the accused, who has been charged with rape of a disciple at his ashrams in Delhi and Rajasthan.

The accused has claimed that he was being framed.

The complainant has filed the case against the preacher, his three brothers and a woman at Fatehpur Beri police station in South Delhi. The case was later transferred to the crime branch.

The complaint said the FIR against him has been registered for alleged heinous offences of rape, unnatural sex, molestation and common intention under the IPC.