Delhi High Court Slams Improper Transfer of Zero FIR in Sexual Assault Case, Orders Restoration of Investigation to Delhi Police: The Court reiterated the principle of Zero FIR, affirming the duty of the police to register FIRs regardless of jurisdiction, followed by a proper transfer if needed.
Delhi High Court Slams Improper Transfer of Zero FIR in Sexual Assault Case, Orders Restoration of Investigation to Delhi Police
Hon’ble Justice Sanjeev Narula | Order Date: May 2, 2025
In a landmark ruling reinforcing the jurisdictional responsibilities of police stations, the Delhi High Court, in W.P.(CRL) 2949/2023, allowed a writ petition filed by the victim, Ms. X, challenging the improper transfer of a Zero FIR from Delhi to Uttar Pradesh. The Court directed that a regular FIR be registered at P.S. Adarsh Nagar and the investigation be carried out by the Delhi Police, rejecting the mechanical transfer of the case to Noida police.
Background of the Case
Ms. X had lodged a complaint at P.S. Adarsh Nagar on 24th August 2023, alleging that Aman Garg had sexually assaulted her under the false promise of marriage. A Zero FIR No. 0002/2023 was registered under Sections 376, 506, and 509 of IPC, and the case was transferred to Noida, where FIR No. 790/2024 was registered.
Key Contentions
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Petitioner’s Argument: The alleged incident partly occurred at her residence in Delhi, giving Adarsh Nagar Police Station clear territorial jurisdiction. The transfer to U.P. was legally unjustified under Section 178(d) Cr.P.C.
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State’s Argument: Since the first incident took place in U.P., the registration of a Zero FIR in Delhi and its transfer was correct.
Court's Observations
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The Court reiterated the principle of Zero FIR, affirming the duty of the police to register FIRs regardless of jurisdiction, followed by a proper transfer if needed.
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However, in this case, since one of the alleged incidents occurred in Delhi, the local police should have registered a regular FIR and proceeded with the investigation.
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The Court criticized the Delhi Police for taking a mechanical approach that undermined the seriousness of the allegations and potentially compromised the integrity of evidence collection.
Final Verdict
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The Delhi High Court directed Respondents 2 and 3 (Delhi Police) to register a regular FIR and conduct the investigation.
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Respondent No. 4 (Noida Police) was ordered to transfer all investigation documents back to the Delhi Police.
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The petition was disposed of in favor of the petitioner.
Legal Significance
This judgment underscores the responsibility of police to act within their territorial jurisdiction when applicable and reinforces the importance of prompt and proper FIR registration in cases involving sexual assault. The ruling also highlights the adverse impact of procedural delays on justice delivery and victim protection.
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