The Delhi High Court today said that a plea seeking transfer of probe in a case of alleged rape against self-styled preacher Daati Maharaj to the CBI should be listed before a bench handling criminal matters.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the plea has to be treated as a criminal writ petition and it did not have the jurisdiction to deal with it.
"This has to be treated as a criminal writ petition. So the petition be placed before the roster bench," it said and listed the matter before another bench for July 11.
A complaint was lodged against Daati Madan Lal alias Daati Maharaj on June 7 and an FIR was registered on June 11. The police had on June 22 questioned the accused, who has been charged with raping a disciple in his ashrams in Delhi and Rajasthan.
The court was hearing a petition filed by NGO Delhi Citizen Forum for Civil Rights alleging that the investigation carried out by Delhi Police seemed to be "biased and unfair" as no arrest has been made so far, which could lead to influencing of witnesses and destruction of evidence.
The petitioner submitted that the matter be suo motu transferred to the CBI.
During the hearing, advocate Gautam Narayan, appearing for the Delhi Police, said that the case was earlier transferred to Crime Branch of Delhi Police.
"This investigation is being monitored by the trial court," he said, questioning the locus of the NGO in the matter.
He also pointed out that earlier the Supreme Court had imposed costs on the petitioner NGO for filing frivolous petitions.
The bench said, "Let it go to the criminal division bench. We do not have jurisdiction."
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