Court Rules Petition to Direct FIR Registration and Independent Investigation as Non-Maintainable
In a significant ruling, the Delhi High Court, under the judgment of Mr. Justice Girish Kathpalia, dismissed a writ petition filed by Ashanand Saini, also known as Anand Saini, seeking the registration of an FIR and the transfer of investigation to an independent agency. The court not only dismissed the petition but also imposed a cost of Rs. 10,000 on the petitioner, citing the petition as devoid of merit and mischievous in nature.
The petition, numbered W.P.(CRL) 1596 of 2026, was filed against the State NCT of Delhi and others, seeking protection under Articles 21 and 300A of the Indian Constitution, which guarantee the right to life, livelihood, and property. The petitioner requested the court to direct the police to register an FIR against certain individuals and to transfer the investigation to an independent agency under the supervision of the Deputy Commissioner of Police (Vigilance).
During the proceedings, Justice Kathpalia questioned the maintainability of the petition, especially in light of the petitioner’s failure to examine the legal position before filing. Despite multiple opportunities, the petitioner's counsel could not satisfactorily address the court on the maintainability issue. The court emphasized that the mere lodging of a complaint does not automatically initiate an investigation unless an FIR is registered, pointing out a fundamental misunderstanding of the legal process by the petitioner.
The court also referred to the Supreme Court’s judgment in Sujal Vishwas Attavar vs The State of Maharashtra & Ors., 2026 INSC 442, highlighting that a writ petition on the criminal side cannot entertain prayers for departmental inquiries against police officers for alleged dereliction of duty and corruption.
Justice Kathpalia noted the petition appeared to be a reactionary measure to an FIR already registered against the petitioner, thus lacking genuine merit. Consequently, the court ordered the petitioner to deposit the cost with the Delhi High Court Legal Services Committee within a week, marking a stern stance against frivolous litigation.
Bottom line:-
Filing of writ petition for directing the police to register FIR and transfer investigation to an independent agency is not maintainable if legal position is not examined before filing the petition.
Statutory provision(s): Articles 21, 300A of the Constitution of India, 1950; Section 154 of the Criminal Procedure Code, 1973
Ashanand Saini @ Anand Saini v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2902645
