Judgment Intelligence
OtherKunal Yadav & Ors. v. Shri Manan Kumar Mishra & Ors.
Special Leave Petition (Criminal) No. 18857 of 2026
- Court
- Supreme Court of India
- Date of Decision
- 12 October 2026
- Bench
- Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
- Relevant Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 223
Final Outcome
Special leave petition disposed of with directions: an SIT headed by a DCP-rank officer to investigate the complaint of 22.08.2026 and report to the jurisdictional Metropolitan Magistrate; liberty to approach the High Court (paras 5-6).
Key holdings
- An SIT headed by a DCP-rank officer must investigate the lawyers' complaint (para 5).
- The investigation is not to be influenced by the High Court's observations (para 5).
- The report goes to the jurisdictional Metropolitan Magistrate, with intimation to the complainants (para 5).
- The order was passed without notice to the respondents and is not meant to prejudice them (para 5).
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
Certain lawyers, including the petitioners, held a sit-in protest at the Bar Council of India premises on the night of 20/21.08.2026; at about 1:15 a.m. a group of about 20 to 30 persons allegedly arrived and violently assaulted the protesters (para 1). On 22.08.2026 the petitioners complained to the SHO, IP Estate Police Station, New Delhi, of unlawful assembly, rioting, grievous hurt, trespass, criminal intimidation and conspiracy, and sought preservation of CCTV footage; their case is that no FIR was registered (para 2). On 21.09.2026 the Delhi High Court dismissed their writ petition as not maintainable, holding that they could file a complaint before a Magistrate under Section 223 BNSS (para 3).
Court's Findings
The Court heard the petitioners and read the averments in their complaint to the police (para 4). It noted that no notice had been issued to the respondents and said it did not propose to pass an order that could be construed as prejudicing them (para 5). But to ensure that the incident is properly investigated and the investigation taken to its logical conclusion, it disposed of the petition with directions (para 5). The Commissioner of Police, Delhi, must ensure that the complaint of 22.08.2026 is appropriately investigated by a Special Investigation Team headed by a senior officer of the rank of Deputy Commissioner of Police (para 5). The investigation is to proceed uninfluenced by the High Court's observations, and its report may be filed before the jurisdictional Metropolitan Magistrate with intimation to the petitioners, who may approach the High Court if required (para 5).
Legal Principle
Where a complaint alleging a serious assault has not led to an FIR and the High Court has declined to intervene on the ground of an alternative remedy, the Supreme Court may, without notice to the respondents and without prejudice to them, direct a Special Investigation Team to investigate the complaint and report to the Magistrate (paras 3-5).
