Daijiworld Media Network – New Delhi
New Delhi, May 16: The Delhi High Court on Friday came down heavily on Delhi and Uttar Pradesh Police for their failure to act swiftly and register an FIR after the death of a 20-year-old Delhi youth in Noida, terming it a clear case of ‘passing the buck.’
Justice Anup Jairam Bhambhani, expressing ‘serious consternation,’ criticised the police for not preserving crucial forensic evidence that could have helped in the investigation into the death of Harsh Kumar Sharma, whose body was found in a car with a carbon monoxide cylinder in Greater Noida on December 3, 2024.
The court directed Delhi Police to immediately register a Zero FIR under Section 103 of the Bharatiya Nyaya Sanhita and other relevant provisions and hand over all evidence to the UP Police within a week.
“The present case exemplifies the archetypal passing-the-buck syndrome between Delhi Police and UP Police,” the court said, warning that vital forensic evidence had likely been lost due to inaction.
The judgment came in response to a plea by the victim’s sister, who had sought a proper investigation into her brother’s death after repeated pleas to both police forces failed to yield action.
The high court also ordered the UP Police to now register an FIR under Section 103 of the BNS and proceed with the investigation without further delay or negligence. It sharply criticised the UP Police for returning the victim’s car to the family a move it said effectively destroyed valuable forensic evidence like DNA, fingerprints, and other crucial clues.
"It is inconceivable that a trained police officer would not recognise the evidentiary importance of the vehicle," the court observed.
While Delhi Police argued that no complaint of foul play was made within its jurisdiction, UP Police maintained that inquest proceedings under Section 194 of the Bharatiya Nagarik Suraksha Sanhita were underway and had to be completed before registering a murder case.
The court, however, disagreed and stated there was sufficient material for the UP Police to have registered an FIR immediately. “More than five months have passed, and many crucial pieces of evidence may have been lost forever. This position is clearly unacceptable,” the court remarked in its 28-page verdict.
The case has now been handed over to the UP Police for further investigation.