Delhi High Court Seeks Report On Procedural Lapse In Investigation, Grants Interim Protection From Arrest

The Delhi High Court recently expressed concern over a procedural irregularity in the course of a police investigation after noticing that an Investigating Officer (IO) had issued a notice to an accused person without mentioning the date on which appearance was required.

Observing that investigative procedures must remain clear and transparent, the Court directed the concerned police authorities to examine the issue and submit a report.

The observations were made by Justice Girish Kathpalia while hearing a petition filed by two individuals seeking protection from alleged harassment in connection with an FIR.

The petitioners submitted that the offences invoked against them were bailable and argued that despite their willingness to cooperate, the police had not accepted their bail bonds.

During the hearing, the Court examined a notice issued by the IO directing petitioner no. 1 to join the investigation. While the notice specified the time for appearance, the date column had been left blank.

Taking note of the omission, the Court observed that notices issued during investigation should be complete and unambiguous so that there is clarity regarding compliance requirements.

Justice Kathpalia remarked that procedural safeguards are important to ensure fairness and avoid any future dispute regarding whether a person had complied with investigative directions.

The Court further observed that the absence of a date in such a notice could potentially create uncertainty and therefore required attention from supervisory authorities.

Emphasizing the need for adherence to proper procedure, the bench stated that investigative processes must inspire confidence and operate within clearly defined legal standards.

Accordingly, the Court directed that a copy of the order be forwarded to the concerned Deputy Commissioner of Police (DCP) for appropriate action and for submission of a report on the issue.

On the aspect of arrest, the IO informed the Court that there was presently no intention to arrest the petitioners. Recording the statement, the Court directed that no coercive steps be taken against the petitioners till the next date of hearing.

At the same time, the Court clarified that the petitioners are required to cooperate with the investigation and join the probe whenever called upon through a proper written notice issued in accordance with law.

The matter has been listed for further hearing on July 20, when the Court is expected to consider the report from the police authorities.

The order reiterates the importance of procedural compliance in criminal investigations and underscores that investigative notices should be issued with clarity and precision, particularly in matters affecting personal liberty.

Case Title: Sonia Bansal & Anr. v. State of NCT of Delhi & Anr.

Bench: Justice Girish Kathpalia

Date of Judgment: April 27, 2026