The Delhi High Court has clarified that police must register a regular First Information Report (FIR) rather than a 'Zero FIR' if any part of an alleged offence has occurred within its territorial jurisdiction. The decision emphasizes the importance of jurisdictionally appropriate investigations, especially in serious cases like sexual assault.
Case Background
In this case, the petitioner challenged the transfer of her FIR, which alleged sexual harassment, from Delhi to Uttar Pradesh (UP). Her complaint was initially registered at Adarsh Nagar Police Station in Delhi, but the police registered a 'Zero FIR' and transferred it to Noida, UP.
Read also: Delhi High Court Questions Application of UAPA in 2023 Parliament Security Breach Case
Justice Sanjeev Narula, presiding over the case, highlighted that part of the alleged offence—an incident of forced sexual assault—occurred at the petitioner's residence in Adarsh Nagar, Delhi, which clearly fell under the jurisdiction of the Adarsh Nagar Police Station. The court noted:
"In the present case, a careful examination of the material placed on record reveals that one of the incidents of alleged forced sexual assault occurred at the Petitioner's residence situated in Adarsh Nagar, Delhi. This fact alone is significant, as it confers territorial jurisdiction upon P.S. Adarsh Nagar to entertain the complaint and register a regular FIR."
Read also: Amazon Challenges ₹339.25 Crore Trademark Infringement Order by Delhi High Court
Despite this clear jurisdictional connection, Adarsh Nagar Police Station had registered a Zero FIR and transferred the case to UP. The court criticized this approach, stating that it reflected a "mechanical approach" and undermined the seriousness of the allegations.
- The petitioner argued that since the incident occurred in Delhi, where she resides, the case should be investigated by Delhi Police, not transferred to UP.
- Her counsel emphasized that the investigation's transfer to another state was unjustified, especially when one of the incidents clearly occurred in Delhi.
The police contended that the first incident happened in Ghaziabad, UP, and that the petitioner's statement under Section 164 of the CrPC did not specify any incident in Delhi.
The Delhi High Court rejected the police's justification and reiterated the importance of registering a regular FIR in cases where any part of the alleged offence occurred within the police station's jurisdiction.
"The registration of a Zero FIR instead of a regular FIR in this context not only delayed the investigative process but potentially compromised the integrity of the evidence collection and investigation."
The court directed Adarsh Nagar Police Station to:
- Immediately register a regular FIR instead of a Zero FIR.
- Conduct a proper investigation into the allegations.
Read also: Delhi High Court Reschedules Shahdara Bar Association Elections to May 24
This ruling reinforces the responsibility of police to ensure proper jurisdictional handling of complaints, particularly in sensitive cases like sexual assault.
Appearance: Mr. Prashant Manchanda, Mr. Mohit Saroha, Ms. Dimpy Chhilar, Mr. Angad Singh, Mr. Arun Kanwa and Mr. Baibhav, Advocates for Petitioner; Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate for R1. SI Dipika, P.S. Adarsh Nagar. Mr. Anil Mittal, Mr. Shaurya Mittal and Mr. Atul Chauhan, Advocates for R-4
Case title: Ms. X v. State Of Nct Of Delhi And Others
Case no.: W.P.(CRL) 2949/2023
