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The Rouse Avenue Court on Monday set aside an order passed by the Dwarka Court that had refused to direct the registration of an FIR against former Delhi Chief Minister Arvind Kejriwal, MLA Gulab Singh, and Municipal Councillor Nitika Sharma in a case related to alleged violations of the Delhi Prevention and Defacement of Property (DPDP) Act.
The allegations pertain to displaying banners and hoardings in 2019. The court remanded the matter to the concerned court, directing it to hear the case afresh and issue a detailed order. Special Judge Vishal Gogne disposed of the revision petition filed by Shiv Kumar Saksena, issuing directions to the concerned Metropolitan Magistrate (MM). The special court observed, "Considering the absence of any discussion in the impugned order upon section 3 of the DPDP Act, this court does not find it appropriate, as a court of Sessions, to in effect, decide the plea under section 156(3) Cr. PC as an inceptional or prescient exercise." The court stated that the right to revision is a valuable legal remedy, which would be rendered ineffective if the essential judicial task of determining whether the allegations constitute a cognizable offense is performed by a higher court instead of the Magistrate. "The present scenario is therefore apt for remanding back the matter to the court ofthe Learned MM for deciding the plea of the complainant under section 156(3) Cr. PC with a speaking order," Special Judge Gogne ordered on January 21. The impugned order dated September 15, 2022 is set aside in entirety, the special court ordered. "The matter is remanded back to Learned Trial Court to decide the application of the complainant under section 156(3) Cr. PC afresh with a speaking order on disclosure of a cognizable offence from the allegations made by the complainant, the special court directed on Tuesday. The Learned Trial Court shall then decide the question of directions under section 156(3) Cr. PC or proceeding with the complaint in the manner of a complaint case, it further directed. The mattar is listed before the Dwarka court on January 27. Special court also granted liberty to the revisionist and said, "The complainant is at liberty to cite the relevant case law and guidelines of the Delhi Police while the Learned Trial Court is also at liberty to seek a fresh ATR or other report from the police authorities." The court set aside the order dated September 15, 2022, and remanded the case back to the trial court for reconsideration. The trial court has been instructed to decide the complainant's application under Section 156(3) Cr. PC afresh, determining whether a cognizable offense has been disclosed. The court further directed the trial court to decide whether to issue directions under Section 156(3) Cr. PC or proceed with the complaint as a complaint case. The case has been listed before the Dwarka Court on January 27, 2025. Additionally, the special court granted liberty to the complainant to reference relevant case laws and Delhi Police guidelines. It also permitted the trial court to request a fresh Action Taken Report (ATR) or other reports from the police if necessary. The revision petition had challenged the September 15, 2022, order by the Dwarka Court, which had dismissed the complainant's application under Section 156(3) Cr. PC and instead directed him to present pre-summoning evidence under Section 200 Cr. PC. Initially filed in the Dwarka Sessions Court, the revision petition was later transferred to the Special Designated Court for cases involving MLAs and MPs, as the respondents included then Chief Minister of Delhi Arvind Kejriwal, MLA Gulab Singh, and Councillor Nitika Sharma. The original complaint, filed under Section 200 Cr. PC in December 2019, alleged violations of Section 3 of the DPDP Act by Kejriwal, Singh, Sharma, and others. It accused them of misusing public funds to install large hoardings in Dwarka at various public locations, including DDA parks and main crossings. The hoardings allegedly featured photographs of the Prime Minister and other individuals. The complainant submitted photographs, video clips, and a DVD as evidence and claimed to have made multiple complaints to the police and other authorities via WhatsApp, written communication, and phone calls. Despite this, no FIR was registered, and no action was taken. In an ATR filed in June 2022, Police Station Dwarka South stated that no hoardings were present at the alleged locations as of 2022. The report also stated that appropriate legal action would be taken if similar activities were noticed in the future. The Magistrate had dismissed the application under Section 156(3) Cr. PC and directed the complainant to present pre-summoning evidence under Section 200 CrPC. (ANI)
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