Smt. Xxxxxx Vs State (Nct of Delhi) & Anr. — Writ and Judicial Review | Delhi HC (2026)

Smt. Xxxxxx Vs State (Nct of Delhi) & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed with directions: Director, FSL to expedite examination and forward the FSL Report in FIR No.264/2021 within six weeks; learned Trial Court requested to proceed with and dispose of the matter at the earliest; copy of the order forwarded to the Director, FSL, Madhuban Chowk, Rohini Sector-14, New Delhi-110 085 for compliance. Remaining prayers (monitoring of investigation, IO appearance, supplementary chargesheet) not individually adjudicated.

Issue for consideration

Whether the Director, FSL should expedite the examination process and forward the long-pending FSL Report in the case arising out of FIR No.264/2021 within a stipulated period. +1 more

Court's answer

The Director, FSL is to expedite the examination process and ensure forwarding of the FSL Report in the case arising out of FIR No.264/2021 dated 27.05.2021, PS Krishna Nagar, Sections 323/341/427/34 IPC 1860, within a period of six weeks.

Ratio / Principle

The exemption application CRL.M.A. 13420/2026 is allowed, subject to all just exceptions.

Key takeaways

The learned Trial Court is requested to proceed with the matter and dispose of the same at the earliest possible, keeping in mind the pendency and the daily list before it.ratio¶26

Detailed headnote1 paragraphs

Writ petition (W.P.(CRL) 1394/2026, High Court of Delhi, decided 29.04.2026, Saurabh Banerjee, J) under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking mandamus-directions for a fair, impartial, time-bound investigation in FIR No. 264/2021, U/S 323/341/427/34 IPC, P.S. Krishna Nagar (dated 27.05.2021), listing and disposal of the Protest Petition, expeditious DVR examination/FSL Report (awaited since 2021), appearance of IO SI Kamal Kishore, and filing of the supplementary chargesheet. Notice issued; the State's ASC attributed the delay to non-receipt of the FSL Report since 2021 despite repeated pursuit. The Court directed the Director, FSL to expedite the examination process and forward the FSL Report within six weeks, requested the learned Trial Court to proceed with and dispose of the matter at the earliest possible, and disposed of the petition accordingly, with a copy forwarded to the Director, FSL, Madhuban Chowk, Rohini Sector-14, New Delhi for compliance.

$~100

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1394/2026

SMT. XXXXXX .....Petitioner

Through: Ms. Gunjan Sinha Jain, Advocate

versus

STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr .Yasir Rauf Ansari, ASC for the State with Mr. Alok Sharma alongwith SI Avaneesh Kumar, PS Krishna Nagar

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.04.2026

CRL.M.A. 13420/2026 ( for exemption )

Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(CRL) 1394/2026

By virtue of the present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks following reliefs:-

“a. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 and 2 to conduct a fair, impartial, thorough and time-bound investigation into FIR No. 264/2021, U/S 323/341/427/34 IPC, P.S. Krishna Nagar under the monitoring/ supervision of Ld. Trial Court;

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 13:10:05

b. Direct the Ld. Trial Court to ensure that the Protest Petition is listed on a specific date for arguments/disposal without further adjournment on any ground;

c. Direct the FSL to expedite the examination of the DVR and submit the forensic report to the Trial Court within two weeks;

d. Direct the Respondents to ensure that IO SI Kamal Kishore appears before the Trial Court on the next date without fail and complies with the orders of the Trial Court;

e. Direct Respondents to file the supplementary chargesheet within 30 days or as may be directed by this Hon'ble Court; f. Pass any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Petitioner.”

Issue notice.

Learned ASC for the State accepts notice and submits that the delay, if any, is primarily because the FSL Report has not been received since 2021 despite pursuing with the authorities repeatedly.

Considering the assertions made herein, as also the facts and circumstances involved, the Director, FSL is directed to expedite the examination process and ensure forwarding of the FSL Report in the case arising out of FIR No.264/2021 dated 27.05.2021 registered at PS: Krishna Nagar under Sections 323/341/427/34 of the Indian Penal Code, 1860 by all means within a period of six weeks from today.

Needless to say, pursuant thereto the learned Trial Court is requested to proceed with the matter and dispose of the same at the earliest possible keeping in mind the pendency and the daily list before it.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 13:10:05

The present petition is disposed of in the aforesaid terms.

A copy of this order be forwarded to the Director, FSL, Madhuban

Chowk, Rohini Sector-14, New Delhi-110 085 for compliance.

SAURABH BANERJEE, J

APRIL 29, 2026/rr

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 13:10:05