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The Rouse Avenue court on Friday dismissed a prayer for registration of an FIR against Delhi Law Minister Kapil Mishra in connection with the North East Delhi riots of 2020. This complaint was filed by one Mohd Iliyas.
Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar rejected the prayer for registration of FIR against Kapil Mishra and others in view of the findings of the sessions court. While dismissing the prayer, the court held, "The submissions of the counsel for the applicant that FIR be registered for the incident of February 23, 2020, against proposed accused Kapil Mishra and his associates are legally impermissible at this stage in view of the findings laid down in the order passed by the Special Judge (PC Act) of MPs/MLAs cases." "The findings are binding on this court and have attained finality," ACJM Panwar said. The court said that keeping in view the above findings, the prayer for registration of FIRagainst BJP MLA Kapil Mishra and others, on the basis of the application under section 175(3) of the BNSS, is hereby rejected. "The present application is hereby treated as a complaint, and the complainant is at liberty to lead evidence in support of his allegations under Section 210(1)(a) read with Section 223(1) of the BNSS," the court ordered. The court directed, "Be put for the examination of the complainant and his witnesses, if any, on March 27 at 11.30 A.M." Advocate Mehmood Pracha, Counsel for the applicant, prayed for the registration ofFIR against the proposed accused persons reiterating the allegations with respect to the incident dated February 23, 2020. On the other hand, Special Public Prosecutor (SPP) Amit Prasad for the State contended that no cognizable offence is made out in the present matter & accordingly, it is prayed that the application for registration of FIR be dismissed. The court noted that on April 1, 2025, the predecessor judge had ordered 'further investigation' with respect to proposed accused no. 2 (Kapil Mishra) and his associates only qua the 'first incident' of February 23, 2020. It was alleged that the proposed accused no. 2 alongwith his associates, reached the road at Kardampuri, broke the carts of Muslim & Dalits in collusion with the Police officials, and that DCP Ved Prakash Surya wandered the streets seeking the cessation of protest, else consequences will follow. This order was challenged by two revisions before the session court. The directions for 'further investigation' with respect to the 'first incident', i.e incident dated February 23, 2020, were set aside by the sessions court. Further directions were passed to this Court to proceed with the application of the complainant in accordance with the law, the court noted. (ANI)
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