Mubashira Khan Vs State of NCT of Delhi and Ors.

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1946/2026

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MUBASHIRA KHAN .....Petitioner

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Through: Mr. M.L. Yadav, Mr. Parvez Siddiqui, Mr. Prashant, Mr. Piyush Saini and Mr. Hardeep Godara, Advs.

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versus

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STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Rupali Bandhopadhya , ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. for R1 to R3 Insp. Sonu Ram

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CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 08.07.2026

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This hearing has been done through hybrid mode. CRL.M.A. 19484/2026

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Allowed subject to all just exceptions.

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Accordingly, the application stands disposed of.

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W.P.(CRL) 1946/2026

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The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’ ) inter alia seeking the following reliefs:

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“(A) Pass an appropriate writ For Seeking Independent Investigation Into The Complaint Made To DCP By The Petitioner For Illegal Detention, Enforced Disappearance And Suspected

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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 13/07/2026 at 16:16:34

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Extra-Judicial Killing Of Juber@ Juber Khan And Preservation Of Crucial Electronic Evidence And Transfer The Present Case To Any Other Authorities Of Delhi Police, And Any Other Independent Authorities, as this Hon'ble Court may deem fit and proper, so as to ensure a fair, impartial, transparent and unbiased investigation in accordance with law.

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(b) Direct preservation, seizure of all CCTV footage, DVRs, and digital storage devices relevant to the movements of the Petitioner’s Brother Juber @ Juber Khan; Direct preservation and production of call detail records, tower dumps, location records, WhatsApp metadata, internet logs and electronic communications relevant to the investigation;

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(d) Pass any other and/or further order(s) in favor of the applicant/accused, which this Hon’ble Court may deem fit and proper in the interest of Justice and fair play.”

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Issue Notice

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Learned counsel for respondent Nos. 1 to 3 accepts notice.

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Learned counsel for the petitioner submits that the petitioner’s brother, namely Juber @ Juber Khan, was residing in Delhi prior to the incident in question and was subsequently implicated in several criminal cases registered in the State of Uttar Pradesh. It is submitted that the petitioner had repeatedly approached the Delhi Police as well as other competent authorities alleging that his brother had been illegally detained and had disappeared under suspicious circumstances. Despite such representations, no meaningful or effective action was taken by the authorities.

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It is further submitted that CCTV footage depicting the movements of

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This is a digitally signed order.

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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 13/07/2026 at 16:16:34

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the petitioner’s brother while he was in Delhi was available with the authorities, but no prompt steps were taken either to preserve or to collect the said electronic evidence. According to the petitioner, the failure to preserve such evidence has seriously prejudiced the possibility of a fair and effective investigation.

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Learned counsel further submits that the petitioner has sought only an impartial and independent investigation into the sequence of events leading to the alleged disappearance and subsequent death of his brother, and therefore appropriate directions deserve to be issued by this Court for preservation of electronic evidence as well as transfer of investigation to an independent agency.

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Per contra , learned counsel appearing for respondent Nos. 1 to 3 opposes the petition.

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It is submitted that the allegations regarding illegal detention, enforced disappearance and custodial killing are wholly misconceived and without any factual basis. Learned counsel submits that the petitioner’s brother was involved in approximately forty-three criminal cases registered in the State of Uttar Pradesh and a reward of ₹1,00,000/- had been declared upon him by the Government of Uttar Pradesh.

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It is further submitted that the deceased ultimately died during a police encounter conducted by the Uttar Pradesh Police at Meerut, Uttar Pradesh, and the entire incident forming the subject matter of the present petition falls within the territorial jurisdiction of the State of Uttar Pradesh.

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Learned counsel further submits that the grievance raised by the petitioner substantially relates to the investigation carried out by the Uttar Pradesh Police. Consequently, if the petitioner is aggrieved by the manner of

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This is a digitally signed order.

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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 13/07/2026 at 16:16:34

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investigation or seeks any further investigation into the alleged encounter, the appropriate remedy would lie before the competent court having territorial jurisdiction over the matter.

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It is also submitted that the CCTV footage sought to be relied upon by the petitioner has already been collected and forms part of the record and, therefore, no further directions in that regard are called for. 15. I have heard learned counsel for the parties and have perused the material placed on record.

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The principal grievance raised in the present petition pertains to the alleged illegal detention and subsequent death of the petitioner’s brother and seeks directions for an independent investigation into the circumstances culminating in the encounter which admittedly took place at Meerut in the State of Uttar Pradesh.

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This Court finds that the alleged encounter, the investigation arising therefrom and all consequential proceedings are within the territorial jurisdiction of the State of Uttar Pradesh. The challenge raised by the petitioner is, in substance, directed against the investigation conducted by the Uttar Pradesh Police and the relief sought necessarily requires examination of matters falling within the jurisdiction of the competent courts in the State of Uttar Pradesh.

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So far as the petitioner’s contention regarding preservation of CCTV footage and other electronic records is concerned, learned counsel appearing for the respondents has stated that the CCTV footage relied upon by the petitioner is already available on record. In any event, such issues are intrinsically connected with the investigation into the incident which is being dealt with by the authorities having jurisdiction in the State of Uttar Pradesh.

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This is a digitally signed order.

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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 13/07/2026 at 16:16:34

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The extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is discretionary and is ordinarily not exercised where the principal cause of action and the investigation sought to be questioned arise outside its territorial jurisdiction and an efficacious remedy is available before the competent forum.

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In the facts of the present case, this Court is of the considered view that no ground is made out for issuing the directions sought by the petitioner. The petitioner shall, however, be at liberty to avail such remedies as may be available to him in accordance with law before the appropriate forum having territorial jurisdiction.

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Accordingly, finding no merit in the present petition, the same is dismissed. Pending application(s), if any, also stand disposed of. 22. The order be uploaded on the website forthwith.

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MADHU JAIN, J.

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JULY 8, 2026/ ys/ P

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This is a digitally signed order.

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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 13/07/2026 at 16:16:34

Mubashira Khan v. State of NCT of Delhi and Ors.

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Mubashira Khan v. State of NCT of Delhi and Ors.

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