Delhi HC directs Delhi Police Commissioner to issue circular on registration of Zero FIR by Police Stations

The Delhi High Court has directed the Commissioner of Police, Delhi to issue a circular/Standing order to all the Police Stations in the city to lodge a Zero FIR when they receive a complaint of cognizable offence but the offence has occurred in the jurisdiction of any other Police Station. The same shall, thereafter, be transferred to the concerned Police Station, the Court has stated..The Court has further clarified in case a complaint is to be closed for any reason, the same shall be closed with a reasoned order and such closure shall be communicated to the complainant in writing without any delay..The direction has been passed by a Single Judge Bench of Justice Suresh Kait..One Babita Sharma had filed a complaint in April 2017 against the petitioner, Kirti Vashisht, alleging forgery. The complaint was made before Najafgarh Police Station (PS) and a detailed enquiry was conducted by the concerned SHO. After a thorough enquiry, the complaint was finally closed by SHO..The conclusion of this complaint was never challenged by Babita Sharma before any court of law or any higher authority. The petitioner alleged before Court that in August 2018, Babita Sharma filed an exactly same complaint before Baba Haridas Nagar Police Station..On receipt of the second complaint, the petitioner was duly called for an enquiry by the concerned Investigating Officer (IO). The petitioner informed the IO about the closure of the first complaint before PS Najafgarh. The petitioner was, thereafter, never called for any further enquiry by PS Baba Haridas Nagar..In June 2019, Babita Sharma again filed the exact same complaint before PS Najafgarh but the petitioner was not called for a further enquiry after she informed the IO about the first two complaints..However, when the fourth complaint was made to Kapershera Police Station by Babita Singh in September 2019, the petitioner claimed that the IO did not pay any heed to her information and in turn, threatened her of serious consequences if she failed to meet the demands of money..The petitioner reported about the harassment meted out to her at the hands of the Kapershera IO, Babita Singh and others to the Commissioner of Police and other authorities but no action has been taken..The petitioner thus moved the Court seeking a direction to set aside the enquiry initiated against her subsequent to the fourth complaint..After discussing in detail the facts pertaining to the dispute between the complainant and the petitioner, the Court noted that no FIR was lodged in the present case before Police Station Najafgarh or Baba Hari Das Nagar or Kapashera..The Court remarked that Additional Public Prosecutor had fairly conceded that as per the contents of the complaint, a cognizable offence was made out and an FIR ought to have been registered at the first instance itself before the Najafgrah Police Station..The Court stated that as per section 154 CrPC, if any information relating to the commission of a cognizable offence is received by any Police Station, the said Police Station was duty-bound to register the FIR..It added that even if the crime has not occurred in the jurisdiction of the said Police Station, then the Police station has to register a “Zero FIR” which has to be transferred to the concerned Police Station for investigation..It observed,.“17. 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, the Police Station of Kapashera, Najafgarh and Baba Hari Das Nagar were also aware about the said practice but none of the Police Stations till date have registered the case on the complaint of respondent no.7 whereas admittedly, has been committed as per the complaint of respondent no.7. Thus, the complainant/respondent no.7 was compelled to run from pillar to post due to inaction of the Police Stations mentioned above.”.The Court thus directed the Commissioner of Police, Delhi to take action against the then SHOs of the aforementioned Police Stations as well the concerned IOs for their inaction, as per law. It also directed SHO, Police Station Baba Hari Das Nagar to take action on the complaint of Babita Singh..The Court further directed the Commissioner of Police, Delhi to issue a circular/Standing order to all the Police Stations in the city to lodge a “Zero FIR” when they receive a complaint of cognizable offence but the offence occurred in the jurisdiction of any other Police Station..“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..I further direct the Commissioner of Police, Delhi to issue circular/standing order 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.”.The petition was accordingly disposed of..The petitioner was represented by Advocate Satish Sharma..Advocate Panna Lal Sharma was the APP..Read the Order: