The Tis Hazari Court, Delhi, directed the registration of an FIR against SHO Insp. and SI of PS Nabi Karim under Bhartiya Nyaya Sanhita (BNS), 2023. The order followed a complaint by a practicing advocate alleging physical assault, use of abusive and gendered language by the police personnel, and deliberate refusal by the SHO to register an FIR despite clear disclosure of cognizable offences.
The Court reiterated the binding principle from Lalita Kumari v. State of UP (2014) 2 SCC 1, that the police cannot refuse to register an FIR when information discloses a cognizable offence. The case gained further gravity due to contested CCTV footage, possible tampering, and non-compliance with Supreme Court-mandated CCTV installation and preservation norms.
The Delhi Court while issuing following directions mandated fair, impartial investigation by an independent officer, preservation of original CCTV storage media, and forensic analysis to probe tampering claims.
ā¢ The Officer-in-Charge of PS Nabi Karim is directed to immediately register an FIR against SI under Section 79 BNS and SHO under Section 199(c) BNS, along with other applicable provisions as investigation may reveal, and commence investigation in a fair and proper manner.
ā¢ The ACP (Sub-Division Paharganj) and DCP (Central) must ensure the investigation is assigned to an independent officer unconnected to the incident to safeguard impartiality and avoid conflict of interest.
ā¢ The Investigating Officer is required to seize, seal, and preserve original CCTV storage media, associated authenticity certificates, maintenance logs, and network records from 31.05.2025 (15:00ā22:00 hrs), and forward them for forensic analysis, specifically examining the anomaly at timestamp 01:27:56.
ā¢ A status report including the FIR number, name/designation of the Investigating Officer, and compliance steps shall be filed before the Court within 10 days.
Appearances:
Ms. Ritu Rana and Ms.Mukta Singh, Ld. Counsels for applicant/complainant along with applicant/
complainant.
