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Delhi High Court
Anita vs State Of Nct Delhi & Ors on 9 April, 2026
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.04.2026
+ W.P.(CRL) 1138/2026
ANITA .....Petitioner
Through: Mr. Shailendra Mani Tripathi, Ms.
Pooja Shilpkar, Mr. P. Raghab
Mishra, Ms. Manisha Yadav, Mr.
Praveen Kumar Mishra and Mr.
Vishal Kumar, Advocates
versus
STATE OF NCT DELHI & ORS. .....Respondents
Through: Mr. Yasir Rauf Ansari, ASC for the
State and Mr. Alok Sharma, Advocate
with SI Sandeep
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. For convenience, the prayer clause of the petition is extracted below:
"In view of the aforesaid facts and circumstances, the petitioner herein
most humbly prays that this hon'ble court may be pleased to:
A. Direct the respondent no 2 to take appropriate action on
representation/ complaint of the petitioner dated 13.02.2026 which is
annexed with this petition as annexure P-1, in the compliance of the
direction of Hon'ble supreme court regarding Lalita Kumari versus State
of UP [2013] 14 S.C.R. 713 read with section 173 of BNSS 2023.
W.P. (CRL.) 1138/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA
Date: 2026.04.09 05:18:02 -07'00'
By:RAHUL YADAV
Signing Date:09.04.2026
17:23:24
B. Direct the respondent no. 2 to take appropriate action accordance with
law against erring officers for deliberate negligence.
C. Pass any other order(s) as this Hon'ble Court may deem fit in the
interest of justice."
(emphasis supplied)
2. At the outset, learned counsel for the petitioner submits that his prayer
in the present case is not for registration of FIR, but only for appropriate
action on his complaint. That being so, learned ASC for State appearing on
advance intimation submits that they are already acting on the
complaint/representation of the petitioner in accordance with law and
inquiry is already being conducted to ascertain if any cognizable offence is
made out from the complaint.
3. Learned counsel for petitioner submits that police has no power to
decide whether the complaint makes out a cognizable offence or not and it is
only the complainant, who shall decide if a cognizable offence is made out
or not.
4. Learned counsel for petitioner wants to refer to some notification, but
copy of that notification has not even been filed.
5. Prima facie, the petition appears to be completely frivolous because
the petitioner is conscious that she cannot file a petition seeking registration
of FIR without exhausting the remedies available in law. Besides, I have
also gone through the complaint dated 13.02.2026 of the petitioner. Since
W.P. (CRL.) 1138/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.09 05:17:52 -07'00'
By:RAHUL YADAV
Signing Date:09.04.2026
17:23:24
the issue is yet to be examined by the competent court of Magistrate, I
would refrain from recording my view as to whether any cognizable offence
is made out or not.
6. The petition is completely devoid of merit and frivolous, therefore,
dismissed.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.09 05:17:38 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 9, 2026
'rs'
W.P. (CRL.) 1138/2026 Page 3 of 3 pages
