The Supreme Court on Thursday ordered that the investigation into the alleged assault on advocate Pankaj Sharma be taken away from the local police and handed over to the Crime Branch, observing that the allegations against the local investigating officers raised concerns about the fairness of the probe.
The Court also directed that the FIR be updated to include the offence of attempt to murder, while making it clear that the investigation would ultimately determine the final nature of the offences.
Background of the Case
The matter arose from a writ petition filed by advocate Pankaj Sharma, who alleged that he was attacked at his residence in Delhi on July 11, 2026. According to the petition, he sustained serious head injuries that required medical treatment and stitches.
Sharma told the Court that the FIR registered by the police did not reflect the gravity of the incident. He further alleged that after the incident, he and his family continued to receive threats and that local police officials attempted to persuade him to settle the dispute instead of conducting an impartial investigation.
The petition sought transfer of the investigation to an independent agency, adequate security, and addition of appropriate penal provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS).
Court's Observations
The case was heard by a Bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan.
After examining the material placed before it, the Bench found that the alleged injuries were on a vital part of the body and deserved a more serious examination during investigation.
The Bench observed:
"Taking into consideration the nature of injury on the vital part of the body where it has been inflicted, it appears to us that, prima facie, an offence like attempt to murder ought to have been included in the FIR, subject to the final outcome of the investigation."
During the hearing, Justice Joymalya Bagchi also noted that while considering an allegation of attempt to murder, the intention behind the act is an important factor and cannot be judged only by the eventual classification of the injury.
The Court also took note of allegations that the complainant had been asked by local police officials to reach a compromise with the accused. In those circumstances, the Bench considered it appropriate to remove the investigation from the local police.
Proceedings Before the Court
Senior Advocate Vikas Singh, appearing for Sharma, submitted that the complainant suffered significant head injuries but the police had treated the matter as one involving simple hurt. He argued that the investigation required intervention because the accused was allegedly influential and the local police had failed to invoke appropriate penal provisions.
Appearing for the authorities, Attorney General R. Venkataramani informed the Bench that he had advised the police to have the complainant medically examined at a government hospital so that an independent medico-legal assessment could be made. He submitted that if the fresh medical opinion justified additional offences, the investigating agency could modify the charges accordingly.
Supreme Court's Decision
Disposing of the writ petition, the Supreme Court directed the Commissioner of Police, Delhi, to immediately transfer the investigation to the Crime Branch.
The Bench further ordered that Sections 109 (attempt to murder) and 118 of the Bharatiya Nyaya Sanhita, 2023 be incorporated in the FIR at this stage, while clarifying that the investigating agency would remain free to add any other appropriate offences if supported by the evidence collected during the investigation.
The Court also directed that the protection earlier granted to advocate Pankaj Sharma should continue during the pendency of the investigation.
Case Title: Pankaj Sharma v. State of NCT of Delhi & Ors.
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