Disposed¶23

Mrs Kanishka Rai v. Union of India and Ors.

Delhi HC16 Jul 2026W.P.(CRL)/2062/2026

Case brief

AI extract

What is this about?

Delhi High Court writ petition (W.P.(CRL) 2062/2026, order dt. 16.07.2026, Purushaindra Kumar Kaurav J.) seeking mandamus for FIR registration under Bharatiya Nyaya Sanhita 2023 (cruelty, rape/sexual assault, criminal intimidation, criminal breach of trust), protection, confidentiality, electronic-evidence preservation and return of Stridhan; Court held such action can be looked into by the competent court and directed the petitioner to file a complaint there; petition disposed of.

What did the court decide?

No substantive relief granted; the petitioner was directed to file a complaint before the Court of competent jurisdiction. ¶23

Mrs Kanishka Rai Vs Union of India and Ors. — Delhi HC (2026) — LawSathi Research

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$~100

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2062/2026 & CRL.M.A. 20656/2026, CRL.M.A. 20655/2026

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MRS KANISHKA RAI .....Petitioner

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Through: Mr. Vishwendra Verma, Adv. versus

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UNION OF INDIA AND ORS .....Respondents Through: Mr. Nishant Gautam, CGSC (UOI) with Mr. Vanshul Pali, GP (UOI) Mr. Amol Sinha (ASC, Criminal for State) along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mrs. Chavi Lazarus and Mr. Nitish Dhawan, Advs.

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CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R

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% 16.07.2026

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The instant petition is filed for the following reliefs:

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“(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 4 to forthwith register an FIR against Respondent Nos. 5 to 11 on the basis of the complaint dated 27.06.2026, under the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 relating to cruelty, rape/sexual assault, criminal intimidation and criminal breach of trust, and to investigate the same expeditiously, in accordance with law;

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(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to provide immediate and adequate protection to the life, person and safety of the Petitioner at her present place of residence/stay, and to take all necessary steps to keep her identity and whereabout confidential during the pendency of investigation and thereafter; (c) Restrain Respondent Nos. 5 to 11, whether by themselves or

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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 18/07/2026 at 11:54:42

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through any person acting on their behalf, from contacting, approaching, threatening, harassing or in any manner endangering the life, liberty, dignity or safety of the Petitioner or any witness on her behalf;

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(d) Direct that the Petitioner's statement, particularly with respect to the allegations of sexual violence, be recorded by a woman police officer in a manner sensitive to her dignity, and that appropriate steps be taken for recording of her statement before a Magistrate at the earliest opportunity;

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(e) Direct the Respondents/investigating agency to take immediate steps for the preservation and forensic retrieval of all relev^t electronic evidenge, including WhatsApp conversations, screenshots gnd audio recordings in the Petitioner's possession, and such records as may be in the possession of the Respondents or third-party service providers;

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(f) Direct Respondent Nos. 5 to 11 to return to the Petitioner her entire Stridhan, including jewellery, ornaments and other valuables, and personal and educational documents presently in their possession;

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(g) Direct the Respondents to file a time-bound status/action-taken report before this Hon'ble Court;

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(h) Pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. To grant any other and further relief to the Petitioner as may be deemed fit and proper in the interest of justice.”

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Learned counsel appearing for the petitioner submits that in view of the position explained in the petition, the petitioner is entitled for the release. The Court, however, finds that even assuming the petitioner has a case for taking action against respondent nos.12 and 13, the same can be looked into by the competent court.

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The petitioner, therefore, will have to file a complaint before the Court of competent jurisdiction.

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Accordingly, petition stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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JULY 16, 2026/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 18/07/2026 at 11:54:42

Mrs Kanishka Rai v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Mrs Kanishka Rai v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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