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Delhi High Court held that the plea seeking FIR and investigation into the alleged assault of advocates at BCI premises was not maintainable, with an alternate remedy available under BNSS.
The Court noted that no cognizable offence had occurred, no apprehension of disturbance of public peace existed, and no order under Section 126 BNSS had been obtained.
Supreme Court directed all States and Union Territories to strictly comply with its earlier direction to register an FIR upon receiving information regarding any missing person, clarifying that the direction applies irrespective of age or gender.
Delhi High Court stayed an FIR registration order, observing that a simple breach of contract cannot be forcefully converted into a criminal action.
The person against whom the FIR was to be registered, as directed by the Magistrate, had approached the Court to revise the said order by setting it aside.
“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”
“Prima facie, it appears that Arif was a blue-eyed boy of the dispensation that existed before 2024. The party in power in the State has been the same for more than two decades. However, the captain of the ship changed in the year 2023, when the woes of the College commenced from 2024.”
“Section 173 of the BNSS granted statutory recognition to the concept of Zero FIR, which now deals with the registration of FIRs in cognizable cases. Zero FIR has been introduced with the primary purpose of ensuring that victims can file complaints regardless of jurisdiction.”
“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
The couple also informed the Court that the police authorities were unwilling to register a FIR against the private respondents. They further stated that every time they approached the police station to lodge the FIR, they were subjected to humiliation and denied assistance.
As reported by ANI, Petitions have been filed seeking registration of FIR against Rahul Gandhi, Sonia Gandhi, Priyanka Gandi, Manish Sisodia, Assaduddin