The Delhi High Court has held that an order to transfer probe to CBI cannot be passed merely because the litigant feels she is being unfairly prejudiced as the decision is not in her favour.

The Court made this observation while dealing with a plea by a woman seeking transfer of investigation in a sexual harassment case to CBI.

“An order for transferring investigation to CBI cannot be passed merely because the litigant feels she is being unfairly prejudiced as the decision is not in her favour. There is nothing placed on record that has shaken the conscience of this court with respect to the investigation conducted by the police.”, Justice Jasmeet Singh held while dismissing the plea.

It was the case of the petitioner-woman that she is an ex-employee of M/s GMR Delhi International Airport. She alleged that the Chief Human Resources Officer sexually harassed her by passing remarks, touching inappropriately, calling at odd hours, seeking sexual favours, stalking and forcing to meet the petitioner outside office premises.

An Internal Complaints Committee (ICC) was constituted to enquire into the petitioner’s complaint which according to the Petitioner was violative of Vishaka guidelines. The petitioner wrote a letter to Union Home Secretary, Ministry of Home Affairs (MHA) for entrusting the case to CBI.

It was the petitioner’s case that the Enquiry Officer under supervision of ACP and DCP at PS IGI Airport enquired the matter without registering an FIR and closed the enquiry without any intimation to the petitioner or any authority.

The petitioner approached Patiala House Court filing application under section 156(3) CrPC for registration of FIR. The Trial Court directed the police to register the FIR. Complying with this order, FIR was registered but only under section 509 IPC.

The Petitioner stated that there have been major loopholes in the shoddy investigation by Police.

ASC Sachin Mittal appeared for the State, Advocate Anirudh Bakhru appeared for GMR DIAL.

The High Court observed that the petitioner had filed a similar writ petition before the High Court agitating similar issues with respect to the same cause of action.

“This court in W.P. (Crl.) 112/2019 vide order 17.12.2020 did not accede to the prayer seeking transfer of investigation to CBI. The same cannot be reagitated before this court in a fresh writ petition.”, the Court said.

The Court remarked that the investigation carried out was satisfactory for which the chargesheet has already been filed. The Court added that the concerned authorities dealt with each and every allegation of the petitioner in a fair and just manner.

“Vide order dated 17.12.2020, this Court permitted the petitioner to take appropriate remedies as far as prayer seeking further investigation is concerned. The appropriate remedy is not to file another Writ Petition on the same cause of action but to approach the Magistrate in accordance with the CrPC…”, the Court said.

Accordingly, the Court dismissed the petition.

Cause Title- ABC v. State & Ors.

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Delhi High Court#Justice Jasmeet Singh

Ashish Shaji