Delhi court stays FIR order against SHO in illegal detention case

A Delhi court has stayed an order for an FIR against the Adarsh Nagar SHO over allegations of illegal detention and torture. The SHO challenged the order, arguing the court that issued it lacked territorial jurisdiction for the alleged acts.

A Delhi Court has recently stayed an order for registration of an FIR over the illegal detention and physical torture of an accused. The SHO of Police Station Adarsh Nagar challenged the order of the Judicial Magistrate before the Sessions Court. Thereafter, the FIR order has been stayed. Counsel for the SHO argued that the Trial Court passed the order without having the territorial jurisdiction to adjudicate the matter, as no alleged illegal act had been committed under the jurisdiction of Police Station Adarsh Nagar, Delhi.

Court Stays Magistrate's Order

This matter pertains to the allegations of illegal detention and injury caused to the accused, Md Mumtaz Ansari. Additional Sessions Judge (ASJ) Vandana of Rohini Court stayed the order passed by a judicial Magistrate on the Complaint filed by Asmin Khatoon. "In view of the submissions made, the execution of the impugned order dated 14.01.2026 is stayed till the next date of hearing," ASJ Vandana ordered on January 21. A notice has also been issued to the respondents, Asmin (complainant), for the next date of hearing on March 11. The Sessions court has also summoned the trial court records.

Details of the Revision Petition

The Sessions court passed the order on two revisions filed by Inspector Love Attrey (SHO), Police Station Adarsh Nagar and Constable Ankush. Advocate Rishab Jain Counsel for the revisionist Inspector Love Attrey.

The revision petition has been filed against the order of January 14, 2026, passed on the application of complainant Asmin Khatoon, directing the SHO concerned to register the FIR under appropriate sections of law. Asmin Khatoon had moved an application for registration of FIR against SHO Adarsh Nagar, constable Ankush and other policemen of Special Staff. It was alleged that Mumtaz Ansari, son of the complainant, was illegally detained and physically assaulted, resulting fracture in his right leg. After hearing the submissions and considering other facts, Judicial Magistrate First Class (JMFC) Garima Jindal had ordered SHO Adarsh Nagar to register the FIR within seven days and investigate the matter.

Arguments Presented in Court

While arguing on revision, advocate Rishabh Jain submitted that the Trial court has passed the order of FIR without applying the judicial mind and while not considering the documents filed and shown by the Enquiry Officer. It was also submitted that the court has not appreciated the fact that the Criminal Writ Petition filed by the complainant is still pending before the High Court of Delhi on the same facts stated in the said Writ petition. Counsel also argued that the court has not appreciated the fact that the vigilance enquiry has been concluded, in which the role of the revisionist has been clarified, and no departmental action has been taken on the complaint given by the complainant.

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