XXX v. State and Anr.
In the High Court of Delhi
Crl. M.C. 6127/2019
Before Justice Suresh Kumar Kait
Decided on November 29, 2019

Relevancy of the case: Whether a Sessions Court can direct a police station to register an FIR for a cognizable offence?

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 376, 506, 509)

Relevant Facts of the Case

• The petitioner had filed an F.I.R against respondent number 2 accusing him of developing sexual relations with her on the false pretext of marriage. She also alleges that he took objectionable pictures and videos against her consent, sometimes by force.
• After some time, respondent number 2 filed a complaint against the petitioner accusing her of attempting to extort ₹25,00,000 from him. The respondent also supposedly captured this attempt on audio.
• The alleged audio recording appeared to be morphed and/or motivated, as it seems that the petitioner never participated in it.
• A case was filed but no investigation took place. Under Section 438 of the Code of Criminal Procedure, 1973, a custodial investigation took place to procure the objectionable photos and videos.
• The issue raised by the petitioner is that the Sessions Court has no power to direct a police station to register an F.I.R.

 Opinion of the Bench

• The court held that the police station has the power to register an FIR if the complaint filed is of a cognizable nature.
• The court opined that no coercive steps shall be taken against the petitioner or respondent number 2, till the DCP concludes as to who is the actual culprit in the present matter.

Final Decision

• The petition stood disposed of.

This case summary has been prepared by Tuba Aftab, an undergraduate student at IIMT & School of Law, GGSIPU, during her internship with The Cyber Blog India in May/June 2021.