Overview
- The FIR registered after the July 4, 2021 attack cited assault and theft but omitted IPC Sections 153B, 295A and 298 despite allegations of religious targeting.
- Additional Solicitor General K. M. Nataraj acknowledged the relevant sections should have been added and said disciplinary proceedings were initiated against the investigating officer.
- The bench noted that prosecuting such offences requires prior government sanction under Section 196 of the CrPC but emphasized that registration and investigation must come first.
- Justices Vikram Nath and Sandeep Mehta indicated the court could direct registration if the state did not act and asked the law officer to return with instructions within a week.
- The petitioner seeks departmental action against Gautam Buddh Nagar police, and the court declined to treat the case as proof of a wider nationwide pattern.