NEW DELHI: The Supreme Court on Thursday directed the Delhi Police Commissioner to transfer the investigation into the alleged assault on a Delhi-based advocate to the Crime Branch.
The bench of the top court comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana made the observation after noting injuries to a vital part of the body. “It appears that an offence of attempt to murder ought to be there in the FIR,” the bench observed.
“Thus we direct that the Sections 109 and 118 of BNS (Bharariya Nyaa Sanhita) be added. Since there are allegations concerning the probe by local police, we direct the Commissioner of Police to transfer the case to the Crime Branch,” the Court said. Section 109 of the BNS relates to attempts to murder, while Section 118 deals with voluntarily causing hurt or grievous hurt by dangerous weapons or means.
The order of the apex court came on a petition filed by the advocate, seeking a fair and impartial probe. The petitioner alleged bias and inadequate investigation by the local police station where the FIR was initially registered.
Noting the gravity of the injuries and the allegations levelled against the local police, the bench, in its order, said the probe needed to be handled by a specialised unit to ensure its credibility.
The court has also directed the Delhi Police Commissioner to immediately transfer the case records to the Crime Branch and submit a compliance report at the earliest.
The matter will be listed for further hearing after the transfer of the case.
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