In a significant ruling, a Delhi court on Friday dismissed a plea to direct the police to register an FIR against Congress president Mallikarjun Kharge. The complaint stemmed from remarks Kharge made against Prime Minister Narendra Modi during an election rally in Karnataka on April 27, 2023, which the complainant, a member of the RSS, found objectionable.
Judicial Magistrate Chatinder Singh, while taking cognizance of the complaint, decided against ordering an investigation under Section 156(3) of the Criminal Procedure Code (CrPC). The section empowers a magistrate to direct the police to investigate a cognizable case. The court determined that the materials and details provided by the complainant were sufficient and did not warrant police involvement for further evidence collection.
The magistrate noted that the identities of the accused and the facts of the case were clearly known and within the reach of the complainant, negating the need for technical or complex investigation by the police. Furthermore, the court highlighted that custodial interrogation of the accused was not necessary, as the evidence was readily accessible to the complainant without police assistance.
Although the court dismissed the need for an FIR, it acknowledged the validity of the complaint by taking its cognizance and permitted the complainant to lead pre-summoning evidence. This decision allows the complainant to present initial evidence before the court decides whether to summon the accused. The court also mentioned that if a need for investigation into disputed facts arises later, provisions under Section 202 CrPC could be utilized, which allows for the postponement of the process against the accused.
