CityweliveThe Delhi High Court has sharply criticized the police departments of both Uttar Pradesh and Delhi for “shirking responsibility” and failing to lodge a First Information Report (FIR) following the discovery of a Delhi resident’s body in Noida, thereby resulting in the destruction of vital evidence.
Justice Anup Jairam Bhambhani voiced “grave concern” over the developments in the matter, highlighting that both police forces failed to recognize that essential forensic and other key evidence would be permanently lost if not secured immediately.
The bench observed that the case clearly represented a classic case of blame-shifting between the two police jurisdictions. It directed the Delhi Police to register a “Zero FIR” under Section 103 of the Bharatiya Nyaya Sanhita (BNS) and other pertinent sections, and to hand over all collected materials and evidence to the Uttar Pradesh police within a week. The court also instructed the UP police to formally register an FIR under the same provisions and to initiate an investigation “without any additional delay or negligence.”
Emphasizing procedure, the court stated that if a criminal act takes place outside the territorial authority of a specific police station, a Zero FIR must still be filed and then transferred to the competent police station where the incident occurred. The case was being heard on a petition submitted by the victim’s sister, seeking an investigation into the demise of her 20-year-old brother, Harsh Kumar Sharma, who had not returned home in Delhi after leaving for his Noida-based college on December 3, 2024. His body was later discovered inside his car, which allegedly contained a carbon monoxide cylinder, in a remote area of Greater Noida.
“The petition is disposed of,” the court stated, “but not without recording its dismay and disappointment at the negligence demonstrated by the officers of both the Delhi and UP police forces.” It further noted that the UP Police deemed it appropriate to return the deceased’s vehicle to his family, effectively ensuring the destruction of any forensic evidence that may have been present. The court lamented that more than five months had elapsed since the incident, during which time significant evidence might have been irrevocably lost.
The Delhi Police, in its defense, claimed that no complaint had been filed suggesting any criminal intent or wrongdoing behind the death and that the incident did not occur within its jurisdiction. Hence, it asserted, it was under no obligation to register an FIR. Upon locating the body within the limits of the Knowledge Park police station in Greater Noida, Delhi Police stated that it informed the UP Police, which was then responsible for proceeding with the matter.
