High Court Directs Expeditious, Fair Investigation and Objective Evaluation of Attempt to Murder Charges Under BNSS.

The petitioner, a Gwalior-based automobile businessman, purchased a property situated at Village Baraua, Pichhore, District Gwalior, from Encore Asset Reconstruction Company Pvt. Ltd. through a registered sale deed dated 26.08.2022. Encore had earlier acquired the property in a SARFAESI auction (registered sale deed dated 26.04.2019) after the loan account of Respondent No. 2, Deepak Singh Chauhan, was declared NPA by Allahabad Bank.

Despite an order dated 31.08.2020 by the District Magistrate under Section 14 of the SARFAESI Act, a writ order dated 04.11.2022 (W.P. No. 8822/2022), dismissal of Respondent No. 2's Review Petition and SLP (23.02.2023 and 29.03.2023), and contempt proceedings (Contempt Petition No. 43/2023), physical possession was delivered to Encore only on 28.09.2024 through a Court Commissioner.

On 22.10.2024, when the petitioner visited the property on Encore's authorization, Respondent No. 2 had allegedly re-locked the premises; upon attempts to remove the locks, Respondent No. 2, armed with a rifle and accompanied by his brother and associates, allegedly opened fire at the petitioner, who narrowly escaped; the incident was photographed.

The petitioner lodged FIR No. 418/2024 dated 25.10.2024 at PS Jhansi Road, Gwalior, but the police registered only lesser offences under the BNS, 2023, despite recovery of the firearm and empty cartridges.

Respondent No. 2 lodged a counter FIR (Crime No. 419/2024); his anticipatory bail was dismissed on 03.12.2024 and his quashment petition under Section 528 BNSS was dismissed on 29.01.2026, yet he evaded arrest while police actively pursued the counter FIR against the petitioner.

1. Whether the police authorities should be directed to conduct a fair, impartial, effective and expeditious investigation in FIR Crime No. 418/2024 (PS Jhansi Road, Gwalior) and bring it to its logical conclusion?

2. Whether the Investigating Officer should be directed to objectively evaluate the photographic evidence and examine whether a prima facie offence of attempt to murder under Section 109 of the Bharatiya Nyaya Sanhita, 2023, is made out?

The Court exercised its extraordinary inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor provision to Section 482 CrPC), invoked to secure free, fair and speedy investigation.

The petitioner's case rested on the constitutional principle that a fair, impartial and effective investigation is an integral facet of Article 21 of the Constitution of India, coupled with the statutory obligation of police authorities to investigate fairly and act in accordance with law.

Section 109(1) BNS, 2023 (attempt to murder), Section 329(1) BNS, 2023 (criminal trespass), and the Arms Act, 1959.

The Court, having heard the petitioner's counsel and the learned Public Prosecutor—who opposed the prayer but nonetheless "fairly assured" that a fair investigation would be carried out—held that the petitioner's grievance could be "adequately addressed by directing the police authorities to ensure a fair and expeditious investigation," without expressing any opinion on the merits.

The Court implicitly accepted the petitioner's contention that investigative apathy—failure to arrest Respondent No. 2 despite dismissal of his anticipatory bail and quashment petitions, failure to incorporate graver offences despite recovery of the firearm and cartridges, and simultaneous alacrity in pursuing the counter FIR against the petitioner—engaged the Article 21 guarantee of fair investigation.

Rather than directing registration of Section 109 BNS outright (which would have trespassed on the investigating agency's domain and prejudged merits), the Court adopted a calibrated approach: it required the Investigating Officer to objectively evaluate the photographs annexed to the petition and examine whether a prima facie offence under Section 109 BNS is made out, proceeding "accordingly in accordance with law".

The SP shall specifically direct the Investigating Officer to objectively evaluate the photographs annexed with the petition and examine whether a prima facie offence under Section 109 BNS, 2023 is made out, proceeding accordingly.

The petitioner shall furnish all relevant material and documents to the Investigating Officer within two (02) weeks to facilitate conclusion of the investigation.