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13. Upon a pointed query, the Delhi Police have said that they did not consider it necessary to even register a „Zero-FIR‟ since neither the complaint received by them nor the circumstances in which the body was found, indicated the commission of any cognizable offence; and that therefore, they were at a loss to know which cognizable offence was committed, absent which they could not have registered an FIR under any provision of the penal code.

26.4. In the circumstances of the present case, this court is of the view that there was sufficient information and material before the Delhi Police to have registered an FIR for the offence under section 103 of the Bharatiya Nyaya Sanhita, 2023 („BNS‟) i.e., for murder regardless of the fact that the dead body was recovered outside their territorial jurisdiction. Furthermore, since the predominant body of evidence was discovered in Greater Noida, Uttar Pradesh, i.e., outside of their territorial jurisdiction, the Delhi Police would have been justified to designate the FIR as a „Zero FIR‟ and to have transferred the investigation to the U.P. Police.

51. In view of the above discussion, the court finds both the Delhi Police and the U.P. Police remiss in complying with their duty of promptly registering an FIR. The present petition is accordingly allowed with the following directions :

51.1. The Delhi Police are directed to forthwith register a „Zero FIR‟ under section 103 BNS and other relevant sections; and to transfer all material and evidence collected by them in the course of inquiring into the death of the petitioner‟s brother to the U.P. Police within 01 week; and 51.2. The U.P. Police are directed to register/re-register an FIR under section 103 BNS and other relevant sections in relation to the death of the petitioner‟s brother forthwith; and to proceed to investigate the matter, in accordance with law, without any further delay or dereliction.