Tina v. The State Of NCT Of Delhi & ORS.

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2297/2025 TINA .....Petitioner Through:

Mr.

Ashok Kumar Sharma, Mr. Shiv Ram Sharma and Mr. Gaurav, Advocates along with petitioner in person.

versus THE STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms.

Priyam, Mr.

Abhinav Kumar Arya and Mr.

Aryan Sachdeva, Advocates.

SI Baleshwar Rana, PS Najafgarh.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 25.07.2025 1.

The present petition is filed by the petitioner under Article 227 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking directions to the respondents to register an FIR on the petitioner's compliant dated 18.05.2025.

2.

The petitioner is essentially aggrieved that no FIR was registered of the incident dated 10.05.2025. The petitioner claims that on 10.05.2025 when she was returning to her residence from her work, she was allegedly molested by the accused persons for which a complaint was also given on 18.05.2025, however, no action has been taken till date.

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 06/08/2025 at 12:14:23

3.

Concededly, the petitioner has an alternate efficacious remedy in the form of filing an application under Section 175(3) of the BNSS before the concerned Magistrate.

4.

The Hon'ble Apex Court in the case of Sakiri Vasu v. State of Uttar Pradesh : (2008) 2 SCC 409, held that if a person is aggrieved by the fact that his FIR is not being registered by the police, then the remedy of the said person is to not approach the High Court under its writ jurisdiction but to file an application under Section 156(3) of the Code of Criminal Procedure, 1973 ('CrPC') before the concerned magistrate.

5.

Considering the above, the petitioner seeks liberty to withdraw the present petition and seek appropriate remedy in accordance with law.

6.

The petition stands dismissed as withdrawn.

AMIT MAHAJAN, J JULY 25, 2025 DU 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 06/08/2025 at 12:14:23