Jai Prakash Gurawa v. Delhi Police And ORS

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2036/2025 JAI PRAKASH GURAWA .....Petitioner Through:

Mr. Rishi Sehgal and Mr. Midhun Aggarwal, Advocates.

versus DELHI POLICE AND ORS .....Respondents Through:

Mr. Rahul Tyagi, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.07.2025 CRL.M.A. 19021/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 2036/2025 3.

Petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.'), has been filed on behalf of the Petitioner, for directing the Respondents, to register the FIR in respect of Complaint dated 19.03.2025 at Police Station Kishangarh, Delhi, for the offences of attempt to murder, grievous hurt by dangerous weapon, trespass, theft/robbery/dacoity, criminal conspiracy etc. against the Respondent Nos. 5 to 7.

4.

It is submitted that on 18.03.2025, the Petitioner while he was alone in his house at 116, Munirka Enclave, New Delhi, was thrown out violently 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 09/07/2025 at 11:47:53

by a group of 10 to 12 individuals led by the Respondent Nos. 5 to 7. His little finger was almost severed and there was an assault with an attempt to kill him. He made a Complaint to the Police on 18.03.2025. The second detailed Complaint was made on 19.02.2025. The PCR was called but no action has been taken. The Petitioner had appeared before the ACP, Jan Suvwai despite which no action has been taken. Therefore, considering the gravity of the situation, FIR be directed to be registered against the Respondent Nos. 5 to 7.

5.

Submissions heard and the record perused.

6.

The clear anguish of the Petitioner is on account of inaction of the Police in registering the FIR on the Complaint, which according to the Petitioner discloses prima facie cognizance of cognizable offences. Section 175(3) BNSS gives a detailed procedure to be followed, in case the Police fails to take action on a Complaint, the Petitioner is at liberty to follow-up the procedure. There is no ground for directing the registration of the FIR by this Court.

7.

The Petition is disposed of without prejudice to the rights of the Petitioner, to approach the right forum.

NEENA BANSAL KRISHNA, J JULY 7, 2025/RS 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 09/07/2025 at 11:47:53