Registration Of 'Zero FIR' Mandatory When A Crime Committed Outside Of Jurisdiction Reported: Delhi HC

The single bench by Justice Suresh Kumar Kait, while passing the direction, further directed the Commissioner of Police, Delhi to issue circular that in case, a complaint is to be closed for any reason, the same shall be closed with reasoned order and the same shall be communicated to the complainant in writing without any delay.

Babita Sharma, the respondent no.7 in this case filed a complaint against the petitioner on 10.04.2017 alleging forgery before the Najafgarh police station. The S.H.O of the said police station closed the complaint by thoroughly enquiring the petitioner. And the conclusion of the first complaint was never challenged by Babita Sharma before any court of law or any higher authority.

The petitioner alleged that Babita Sharma (respondent no.7) filed an exact same complaint for the second and third time on 04.04.2018 and 03.06.2019 respectively, alleging same facts before the Baba Haridas Nagar and Najafgarh police stations. The petitioner was duly called for enquiry both times by the concerned Investigation Officer (I.O.), wherein the petitioner informed the officer about the closure of the similar complaints on the same facts, which was earlier filed by the respondent no.7. The petitioner, thereafter was never called for any further enquiry by the concerned I.O.

When the exact same complaint alleging the same facts was filed for the fourth time by Babita Sharma (respondent no.7) on 26.07.2019 this time before the Kapashera police station, the S.I. of the said police station called the petitioner for joining enquiry. The petitioner alleged that, though he duly explained to the S.I. about the similar complaints on exactly the same sets of facts filed by Babita Sharma (respondent no.7), the officer did not pay any heed to the information given by him, and in turn threatened him in most inhuman way to face serious consequences if the petitioner failed to meet the demands on money as bribe by respondent no.7.

Learned counsel who appeared on behalf of the petitioner submitted that the harassment meted out to the petitioner at the hands of the S.I of Kapashera and others was duly reported to the Commissioner of Police but no action has been taken.

Learned APP who appeared on behalf of the State conceded that as per the contents of the complaints, cognizable offence was made out and the Najafgarh police station was supposed to file an FIR. The court said, as per section 154 of Cr.P.C., if any information relating to the commission of a cognizable offence received by any Police Station, the said police station is duty bound to register the FIR. The court further added, if the crime is not occurred in the jurisdiction of the said police station, then after registering the 'Zero FIR', the same has to be transferred to the concerned police station for further investigation where the offence has been committed.

The court said,

"It is not in dispute that the provision of 'Zero FIR' came up as a recommendation in the Justice Verma Committee Report, in the new Criminal Law (Amendment) Act, 2013 after the heinous 'Nirbhaya Case' of December, 2012. The provision says: "A Zero FIR can be filed in any police station by the victim, irrespective of their residence or the place of occurrence of crime."

18. It is also not in dispute that the practice of 'Zero FIR‟ is prevalent throughout India from the last many years."

Thus, in spite of being aware of the said practice, none of the police stations registered the case on the complaint of the respondent no.7 whereas admittedly, cognizable offence has been committed as per the complaint of the respondent no. 7. Thus the complainant/respondent.7 was compelled to run from pillar to post due to inaction of the police stations mentioned above.

While disposing of the petition, the court directed,

" 23. Accordingly, I hereby direct the Commissioner of Police, Delhi to issue circular/Standing order to all the Police Stations in NCT of Delhi and all concerned that if complaint of cognizable offence is received in a Police Station, and offence occurred in jurisdiction of other Police Station, in that case, the „Zero FIR' shall be lodged by the Police Station which has received the complaint and thereafter shall be transferred to the concerned Police Station.

24. I further direct the Commissioner of Police, Delhi to issue circular/standing order that in case, a complaint is to be closed for any CRL.M.C. 5933/2019 Page 13 of 13 reason, the same shall be closed with reasoned order and the same shall be communicated to the complainant in writing without any delay."

Case Details:

Title : Kriti Vashisht v State & Ors.

Case No : CRL.M.C. 5933 of 2019

Quorum : Justice Suresh Kumar Kait

Appearances : Advocate Satish Sharma ( Petitioner);

                        APP Mr. Panna Lal Sharma ( for State)

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