Delhi HC rejects Daati Maharaj’s plea on rape probe transfer to CBI

The Delhi High Court Wednesday dismissed self-styled preacher Daati Maharaj’s plea for review of its decision to transfer the probe in the rape case against him to CBI and cautioned the agency against starting a fresh inquiry in the matter.

A bench of Chief Justice Rajendra Menon and Justice V K Rao rejected the preacher’s contention that facts were suppressed by the petitioner - a lawyer - while seeking transfer of the probe. It said the investigation was handed over to CBI “after going through the charge sheet in detail” and after considering the plea moved by the “victim herself”. “The contention of the applicant (Daati Maharaj) that there is suppression of fact cannot be accepted in its totality and this submission gets diluted or becomes non-effective because of the fact that the victim herself has approached this court and it was after considering her prayer and also after going through the charge sheet in detail that the order in question was passed by us,” said the bench.

It said it found “no error apparent on the face of the record to review the order” of October 3. The preacher had also contended that CBI had started a fresh investigation in the case which was not permitted.

Dealing with the argument, the court said it had directed only for further investigation by the CBI and not a de novo (fresh) probe.

On October 3, the high court had said that the manner in which the probe was carried out by police “casts a shadow on the investigation” as it 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 preacher’s plea against the October 3 order was initially filed in the Supreme Court which had asked him to approach the high court with his grievance. PTI

NEW DELHI: The contention of the applicant that there is suppression of fact cannot be accepted in its totality DELHI HIGH COURT BENCH