An Article 32 petition has been filed alleging that the Uttar Pradesh Police failed to register an FIR for the offence of attempt to murder over an incident where unidentified men allegedly assaulted a group of advocates, including a woman advocate, in connection with an illegal construction dispute.
As per the details, petitioner 1(A Deepa) and her husband, petitioner 2(A Deb Kumar), petitioner 3(Vipin Sharma) and petitioner 4(Anup Goyal) have alleged that they were brutally assaulted on October 22. It is stated in the petition that at about 9 pm, one Amit Varma and his son, Rahul Varma brought a group of unidentified persons into the residential complex. They physically assaulted the four advocates and other residents who were trying to save them.
Subsequently, petitioner 1 reported this incident to the Indirapuram police station, and after the medical examination, an FIR was registered upon verification of the CCTV footage. It is the grievance of the petitioners that only minor offences under Sections 115(2)(Punishment for Voluntarily Causing Hurt), 131(Assault or Criminal Force Otherwise Than on Grave Provocation), 191(2)(Rioting), 352(Intentional Insult with Intent to Provoke Breach of Peace), and 352(2) of the Bharatiya Nyaya Sanhita, 2023 were invoked.
Even a letter was sent on behalf of the Supreme Court Bar Association to the Director General of Police and the Commissioner of Police highlighting that despite a detailed statement by petitioner 1 showing the brutality of the assault, no stringent BNS section has been invoked for the injuries sustained.
"Till date, no stringent sections of BNS, 2023 has been added in this FIR No.880/2026. More than 7 days have passed and the local police have failed to apprehend the accused persons, leaving the victims and their families under continuous threat of reprisal and grave physical harm. The Petitioners therefore, seek directions for an effective investigation by adding stringent sections of BNS, 2023, appropriate protection and a status report in the present case."
The petitioners have sought a direction against the Police Station, Indirapuram, to add Sections 74(Assault or Criminal Force to Woman with Intent to Outrage Her Modesty), 109(Attempt to Murder), 117(3)(Voluntarily Causing Grievous Hurt Resulting in Permanent Disability or Coma) of the BNS to the FIR.
It has also been pointed out that on October 25, a cross FIR was registered by the police against the advocates. Further, the investigating officer was changed, pursuant to which the statement was recorded again.
The petitioners have prayed that the investigation should be transferred to any police station in Delhi, quashing of the cross-FIR, and that adequate protection should be provided to the petitioners and their family if found necessary. They have sought a direction for fair and impartial investigation into the incident, including recording of statements, preservation and examination of CCTV footage and other relevant evidence.
The writ petition has been filed pursuant to matter being mentioned before the Chief Justice of India Surya Kant, on October 30, who had directed the same.
Filed through Advocate Pranaya Kumar Mohapatra