Bald Allegations Against Investigating Officer Not Sufficient To Transfer Probe To Another Agency: Delhi High Court

The Delhi High Court has observed that transfer of investigation to another agency is only done in rare and exceptional cases where high officials of State authorities are involved.

“Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused. Bald allegations are not sufficient for transfer of investigation,” Justice Subramonium Prasad said.

The Court observed that transfer of investigation from the investigating agency hits at the morale of the Police which must be avoided at all costs.

Justice Prasad rejected two petitions filed by various individuals seeking transfer of an FIR registered by Delhi Police's Economic Offences Wing (EOW) to a Special Investigative Team (SIT) headed by a retired Judge or to a superior investigating agency being CBI or Special Cell.

The case involved allegations that the accused persons siphoned money from homebuyers and investors.

Rejecting the pleas, the Court noted that the investigation was being conducted under the supervision of the Assistant Commissioner of Police and that the Court has been monitoring investigation in the matter.

“This Court is satisfied with the investigation and it cannot be said that the investigating agency has been lax in the matter of investigation,” the Court said.

It added: “In the absence of any material placed before this Court as to why the investigating agency has been lax and just because investigating agency is not acting under the dictates of the Complainants or the Complainants are not satisfied alone cannot be the factor for transfer of investigation.”

Title: RENUKA KULKARNI & ORS v. STATE and other connected matter

Citation: 2025 LiveLaw (Del) 153

Click here to read order