Case Note & Summary
The petitioner, father of a deceased 18-year-old student, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking a writ of mandamus to direct the police to register an FIR against respondents No. 4 to 9 (college staff) for negligence leading to his son's death. The son had participated in a study tour organized by Government Polytechnic College, Ahmedabad in February 2025. On 18.02.2025, while bathing in a river with co-students, the son slipped and drowned. The petitioner lodged a written complaint on 05.07.2025, but the police conducted an inquiry and submitted a report to the Superintendent of Police, Ahwa, Dang, treating it as an accidental death without registering an FIR. Aggrieved, the petitioner approached the High Court. The petitioner's counsel argued that the death resulted from sheer negligence of the staff, constituting a cognizable offence. The learned APP opposed, contending it was a mere accident with no criminality. The court examined the facts and found that the death was accidental, with no evidence of criminal negligence or intent. The court held that a writ of mandamus for registration of FIR is not warranted when no cognizable offence is disclosed. The petition was dismissed, and the police report was accepted as correct.
Headnote
A) Criminal Procedure - Registration of FIR - Mandamus - Articles 226, 227 Constitution of India read with Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - Petitioner sought direction to register FIR alleging negligence by college staff in study tour drowning death - Court held that mere accident without criminal negligence does not warrant FIR registration - Petition dismissed as no cognizable offence made out (Paras 1-6).
Issue of Consideration
Whether the police authorities were justified in not registering an FIR for alleged negligence leading to accidental death, and whether a writ of mandamus can be issued to compel registration of FIR.
Final Decision
The petition is dismissed. The police report is accepted as correct. No order as to costs.
Law Points
- Mandamus for FIR registration
- accidental death
- criminal negligence
- scope of Section 528 BNSS
- Articles 226 and 227 Constitution of India
Case Details
2026 LawText (GUJ) (03) 822
R/Special Criminal Application (Direction - to lodge FIR/Complaint) No. 3254 of 2026
Mr. Ankit V. Dixit, Mr. Arunkumar L. Aahir for Applicant; Mr. Meet Thakkar, APP for Respondent No. 1
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Nature of Litigation
Special Criminal Application seeking direction to register FIR for alleged negligence leading to accidental death.
Remedy Sought
Writ of mandamus to direct police to register FIR against respondents No. 4 to 9 for negligence causing death of petitioner's son.
Filing Reason
Police failed to register FIR despite complaint alleging negligence by college staff during study tour resulting in drowning death.
Previous Decisions
Police conducted inquiry and submitted report to Superintendent of Police treating death as accident; no FIR registered.
Issues
Whether the police were justified in not registering an FIR for alleged negligence in accidental death.
Whether a writ of mandamus can be issued to compel registration of FIR when no cognizable offence is disclosed.
Submissions/Arguments
Petitioner's counsel argued that death was due to sheer negligence of respondents No. 4 to 9, constituting a cognizable offence, and police ought to have registered FIR.
Respondent's APP contended that death was a mere accident with no criminality, and no FIR was warranted.
Ratio Decidendi
A writ of mandamus for registration of FIR is not warranted when the death is accidental and no cognizable offence of criminal negligence is made out. The police are not bound to register an FIR in every case of accidental death.
Judgment Excerpts
The death of the son of the Petitioner was merely an accident and no aspect of any criminality is involved in the present case.
The concerned police authorities carried out the inquiry into the accidental death and submitted the report with regard to the same to the Superintendent of Police Ahwa, Dang.
Procedural History
Petitioner filed complaint on 05.07.2025; police conducted inquiry and submitted report to SP treating death as accident; petitioner then filed Special Criminal Application under Articles 226 and 227 read with Section 528 BNSS seeking direction to register FIR; petition heard and dismissed on 09.03.2026.
Acts & Sections
- Constitution of India: Articles 226, 227
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
