The Delhi High Court has dismissed a criminal writ petition seeking directions for registration of an FIR and transfer of investigation, observing that the plea was legally misconceived and appeared to be a response to an existing FIR lodged against the petitioner.
The petition was filed by Ashanand Saini alias Anand Saini before the Delhi High Court. He sought police protection, registration of an FIR against certain respondents, transfer of the probe to an independent agency, and departmental action against a police official over alleged demands for money.
During the hearing, Justice Girish Kathpalia questioned the maintainability of the petition and repeatedly asked the petitioner’s counsel to explain how the writ plea was legally sustainable.
The Court noted that despite repeated queries on the maintainability of the petition, the petitioner’s counsel failed to explain the legal basis for invoking the writ jurisdiction. Instead, counsel repeatedly asked where a person should go if the police refuses to register an FIR
The Court noted that the petitioner’s counsel failed to examine the settled legal position before approaching the High Court. Referring to the Supreme Court judgment in Sujal Vishwas Attavar vs State of Maharashtra & Ors., the bench brought the legal position regarding non-registration of FIRs to the petitioner’s counsel’s notice.
Justice Kathpalia further observed that the petitioner appeared to believe that an investigation automatically starts merely because a complaint is filed, even without registration of an FIR. The Court also held that seeking departmental inquiry through such a criminal writ petition was beyond the scope of the proceedings.
“The present petition is not just devoid of merit but also appears to be a mischievous attempt to respond to FIR No. 710/2025,” the bench observed.
The High Court dismissed the petition along with pending applications and imposed costs of ₹10,000 on the petitioner, directing the amount to be deposited with the Delhi High Court Legal Services Committee within one week.
Case Title: Ashanand Saini @ Anand Saini v. State NCT of Delhi & Ors.
Case Number: W.P.(CRL) 1596/2026
