01Facts
The petitioner alleged that she was the legally wedded wife of respondent no. 4, with whom she married on 10 November 2018.
¶ 5–6She claimed that respondent no. 4 concealed his earlier marriage and thereafter subjected her to physical and domestic violence, including an assault causing a fracture to her arm.
¶ 5–6The petitioner further alleged that respondent nos. 4 to 6, along with another person, entered her residence and assaulted her after learning of her complaints to the authorities.
¶ 7She submitted complaints to the police and representations to the Senior Superintendent of Police, but alleged that no effective action was taken.
¶ 6–7She consequently approached the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, pursuant to which an FIR was registered and investigation commenced.
¶ 8The petitioner also alleged that the local police pressured her to enter into a compromise.
¶ 8During the writ proceedings, the State informed the Court that investigation was underway and that the petitioner’s statement had been recorded under Section 180 of the BNSS on 23 August 2026.
¶ 902Issues
i.Whether the Court should issue a writ of mandamus directing the police authorities to take further action, including registration of an FIR and a fair, impartial, and time-bound investigation, when investigation pursuant to the Magistrate’s order was already underway.
¶ 4, 9, 12ii.Whether directions were necessary to protect the petitioner from coercion, intimidation, or pressure to enter into a compromise during the investigation.
¶ 4, 8, 12–13iii.Whether the petitioner could be permitted to place any subsequent incidents or additional grievances before the Investigating Officer for appropriate action in accordance with law.
¶ 10, 1303Law Applied
The Court applied Section 175(3) of the BNSS, under which a Magistrate may direct registration of an FIR and investigation where the police have failed to act on information relating to a cognizable offence.
¶ 8It also referred to Section 180 of the BNSS concerning the recording of the petitioner’s statement during investigation.
¶ 9The Court applied the general principle that an investigation must be conducted fairly, impartially, independently, and strictly in accordance with law, without being influenced by extraneous considerations.
¶ 12Provisions in the judgment · 2 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 175Section 180
04Reasoning
The Court noted that the petitioner’s principal grievance—inaction by the police and failure to commence a proper criminal investigation—had been addressed through the Magistrate’s order directing registration of the FIR and investigation.
¶ 8–9Since the investigation was already underway and the petitioner’s statement had been recorded, the Court found no justification for issuing further directions at that stage.
¶ 9, 12Nevertheless, having regard to the petitioner’s allegations of pressure to compromise, the Court expressly required the Investigating Officer to conduct the investigation fairly, impartially, independently, and without extraneous influence.
¶ 12The Court also preserved the petitioner’s liberty to report any subsequent incident or additional grievance, leaving it to the Investigating Officer to take action in accordance with law.
¶ 10, 1305Holding
The Court declined to issue any further mandatory direction because investigation pursuant to the Magistrate’s order was already in progress.
¶ 12It directed, by way of an expectation and judicial observation, that the Investigating Officer conduct the investigation fairly, impartially, independently, and in accordance with law.
¶ 12The petitioner was granted liberty to place any subsequent incident or additional grievance before the Investigating Officer, who was directed to take appropriate action in accordance with law.
¶ 12–13The writ petition was accordingly disposed of, along with any pending applications.
¶ 14–15Original Court PDF
GEETA CHANDvsSTATE OF UTTARAKHAND
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