In a relief to Congress president Mallikarjun Kharge, a Delhi court has refused to direct the police to register an FIR against him.
Judicial magistrate Chatinder Singh, however, took cognisance of the complaint.
The plea alleged that Kharge made a scathing remark against Prime Minister Narendra Modi during an election rally in Karnataka on April 27, 2023.
In an order on December 9, the court recorded the allegation that the Congress president made remarks in the election rally against the BJP and RSS, prompting the complainant to be aggrieved as he is a RSS member.
The complainant claimed of having “complete details” of the accused persons and witnesses to be examined, and therefore, said neither any recovery, nor any material evidence was required to be collected by the police.
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“The true test to use the discretionary power to order an investigation by police under Section 156(3) of the CrPC (magistrate’s direction to police to investigate cognisable case) is not whether any cognisable offence is committed or not, but whether an investigation by police agency is required or not,” the court said.
The court observed all the material was available with the complainant and no technical or complex investigation was required by the police.
“There is no need to invoke Section 156(3) of the CrPC for issuing direction to register FIR against the alleged accused persons,” it said.
The identity of the alleged accused persons was ascertained and no facts needed to be unearthed as they were well within the knowledge of the complainant, it added.
The court order further said the custodial interrogation of the alleged accused was not necessary.
“The evidence is well within the reach of the complainant and no assistance of police is required to gather the same. The facts of the case are not such that would warrant a detailed and complex investigation to be carried out by the state agency,” the court said, dismissing the complaint.
The court, however, took its cognisance, saying, the complainant was at liberty to lead pre-summoning evidence.
“In case any requirement of investigation arises at a later stage qua some disputed facts the provision of section 202 CrPC (postponement of issue of process against accused) could be resorted to,” it said.
The matter was posted for pre-summoning evidence on March 27.
