The Court dismissed a writ petition filed by a mother seeking directions to register an FIR and transfer investigation of her son's death to the Crime Branch, finding no foul play and noting adequate alternative remedies existed.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~30
NISHA KHAN @ NAZMA W/o Naved Khan @ Dulare, R/o 21/378, Indira Camp, Kalyanpuri, Delhi-110091 .....Petitioner
Through: Counsel for Petitioner (appearance not given).
Versus
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
W.P.(CRL) 2286/2021 Page 1 of 8
Signature Not Verified
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
Police.
Signature Not Verified
W.P.(CRL) 2286/2021 Page 2 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
Signature Not Verified
W.P.(CRL) 2286/2021 Page 3 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
Signature Not Verified
W.P.(CRL) 2286/2021 Page 4 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
the local persons stated that on 16.04.2021, the deceased was roaming here and there and purchased slippers as he was bare foot. The CCTV footage was reviewed, which reflects that the deceased was in an intoxicated state. At one point of time, the deceased was seen sitting in a rickshaw and was later made to get down by the rickshaw owner, who also stated that the deceased was intoxicated.
Signature Not Verified
W.P.(CRL) 2286/2021 Page 5 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
Signature Not Verified
W.P.(CRL) 2286/2021 Page 6 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
registration of an FIR, as there is already a remedy available under Section 156(3) Cr.P.C. It was observed thus:
“26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) CrPC or other police officer referred to in Section 36 CrPC. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) CrPC instead of rushing to the High Court by way of a writ petition or a petition under Section 482 CrPC. Moreover, he has a further remedy of filing a criminal complaint under Section 200 CrPC. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?
27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 CrPC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC.”
W.P.(CRL) 2286/2021 Page 7 of 8
Signature Not Verified
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.
(NEENA BANSAL KRISHNA) JUDGE
MAY 05, 2025
Signature Not Verified
W.P.(CRL) 2286/2021 Page 8 of 8
Signed By:VIKAS ARORA Signing Da te:1 3.05.2025 16:20:31
1 issue framed by the court
Whether a writ in the nature of mandamus can be issued directing the Police to register an FIR and transfer the investigation to the Crime Branch or Special Cell in the alleged mysterious death of the
Colour shows how this judgement treated each authority
Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage, (2016) 6 SCC 277Referred¶56
Nisha Khan @ Nazma
State of NCT of Delhi
Commissioner of Police
Station House Officer (SHO) Police Station Mayur Vihar
Neena Bansal Krishna
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
