Youth's body found in car: Delhi HC pulls up Delhi, UP police for not filing FIR

Youth's body found in car: Delhi HC pulls up Delhi, UP police for not filing FIR

New Delhi, The Delhi High Court on Friday pulled up Delhi Police and Uttar Pradesh Police for passing the buck and not filing an FIR after a man from the capital was found dead in Noida.

Youth's body found in car: Delhi HC pulls up Delhi, UP police for not filing FIR

Justice Anup Jairam Bhambhani expressed "serious consternation" at the turn of events in the case, where two separate police forces "did not perceive that critical forensic and other evidence would irretrievably disappear if it was not gathered immediately".

The high court said it got the clear sense that the present case exemplified the archetypal passing the buck syndrome between Delhi Police and UP Police.

The court, as a result, directed Delhi Police to register a "Zero FIR" under Section 103 of Bharatiya Nyaya Sanhita and other relevant sections and transfer to UP Police within a week all material and evidence collected by the former.

If a crime does not occur within the jurisdiction of a particular police station, then after registration of the Zero FIR, the same has to be transferred to the police station concerned where the offence was indeed committed.

The court's verdict came on the plea of the victim's sister who sought probe into the death of her 20-year-old brother, Harsh Kumar Sharma, who did not return to his Delhi home from a Noida college on December 3, 2024.

He was found dead in his car, which reportedly had a carbon monoxide cylinder, late that night in an obscure location in Uttar Pradesh's Greater Noida.

The high court further directed UP Police to file an FIR under Section 103 of BNS and other relevant sections in relation to the death of the victim and to proceed with the probe "without any further delay or dereliction".

"The petition is disposed of, with the court recording its consternation and regret at the dereliction of duty shown by the concerned officers of the Delhi Police as well as the UP Police," the court's 28-page judgment said.

The woman's plea said despite filing police complaints with both the police forces and requesting them to register an FIR for murder and promptly investigate the matter, neither registered an FIR.

The court said it was inconceivable that any police officer, with even the most minimal training, would not realise that the car in which the dead body was found was the "repository of a huge amount of forensic evidence", such as DNA, fingerprints, footprints, and other such material, which would contain vital clues about the provenance of the offence.

"In this case, the UP Police considered it fit that the car should be returned to the family, thereby ensuring that all and any forensic evidence that may have been available in that car is lost forever. Now, however, the position is that more than five months have passed and many crucial pieces of evidence may have been lost forever. This position is clearly unacceptable," the court said.

It said neither the essential forensic investigation undertaken nor any statements were recorded under the provisions of the BNSS.

"This court is of the view that there was more than ample material available with the UP Police to proceed to register an FIR for the offence of murder, straightaway," it said.

Delhi Police said no complaint was made to them that the victim's death was the result of any foul play and no offence was committed within its jurisdiction, there was no cause for it to register an FIR.

Upon discovering the man's mortal remains in the car within the jurisdiction of Knowledge Park Police Station in Greater Noida area, Delhi Police said it informed UP Police, which had the responsibility to take the matter forward.

On the other hand, UP Police argued in cases of "suspicious death", the law mandates inquest proceedings to be conducted under Section 194 of the Bharatiya Nagarik Suraksha Sanhita .

The death, UP Police said, was suspicious and a post-mortem examination was conducted at a government hospital and inquest proceedings were initiated before an executive magistrate which is pending.

Until then it couldn't be assumed that the death of the petitioner's brother was a case of homicidal death, it added.

The high court, however, found no reason with UP Police to wait for the conclusion of the inquest proceedings before registering an FIR.

This article was generated from an automated news agency feed without modifications to text.