New Delhi [India], March 28 (HBTV): Delhi police on Friday informed the Rouse Avenue Court that they have registered an FIR on a complaint against Aam Aadmi Party (AAP) convenor Arvind Kejriwal and others. The complainant has alleged a violation of the Defacement of Public Property Act in the Dwarka area.
The Rouse Avenue Court, on March 11, 2025, directed Delhi police to register an FIR and file a compliance report. Delhi police submitted a compliance report before Additional Chief Judicial Magistrate (ACJM) Neha Mittal, confirming that an FIR has been registered.
Delhi police also stated that the investigation is in progress, citing that the case is old and additional time is required to investigate the matter. The next hearing is scheduled for April 18, 2025.
On March 11, the court directed Delhi police to file an FIR based on a complaint against former Chief Minister Arvind Kejriwal, former MLA Gulab Singh, and MCD Councillor Nitika Sharma regarding the alleged defacement of public property in the Dwarka area in 2019.
The complaint was filed by Shiv Kumar Saksena. The court ruled that the application under Section 156(3) Cr.P.C. deserved to be allowed.
'Accordingly, the concerned SHO is directed to register FIR immediately under Section 3 of the Delhi Prevention of Defacement of Property Act, 2007, and any other offence that appears to have been committed from the facts of the case,' ACJM Mittal ordered on March 11.
The complainant alleged that public funds were misused for large hoardings placed at multiple locations, including Sector-11 DDA Park, Dwarka Road, and other public spaces. One hoarding reportedly announced the Delhi government's registration for darshan at Kartarpur Sahib, featuring the names and photographs of Arvind Kejriwal and Gulab Singh. Another hoarding, extending greetings for Guru Nanak Dev Jayanti and Kartik Purnima, allegedly included the name and photograph of Nitika Sharma alongside images of Prime Minister Narendra Modi, Amit Shah, Manoj Tiwari, J.P. Nadda, Parvesh Verma, Ramesh Bidhuri, and others.
A complaint was initially submitted to the police, but no action was taken. A status report filed in 2022 by the Dwarka South police station stated that no such hoardings were found at the alleged locations at the time, and thus no cognizable offence was established.
Based on this report, the Metropolitan Magistrate of the Dwarka Court dismissed the complaint on September 15, 2022. The complainant then filed a revision petition before the Rouse Avenue Court, which allowed the petition and directed a fresh hearing.
The session court instructed the trial court to re-evaluate the application under Section 156(3) Cr.P.C. and issue a speaking order on whether the allegations disclosed a cognizable offence. The trial court was further directed to decide whether to proceed under Section 156(3) Cr.P.C. or treat the case as a complaint case.
Legal Aid Counsel (LAC) for the complainant argued that the status report failed to confirm whether the hoardings existed at the time of the alleged offence. The counsel emphasized the need for an investigation, as the complainant could not independently determine who had put up the hoardings.
Additional Public Prosecutor (APP) for the State opposed the plea, arguing that the hoardings lacked details of the printing press, making it difficult to trace their origin. The APP also noted that the complainant had initially named several individuals, including the Prime Minister, in his complaints to the police and DCP, but later omitted many names in the present application. It was argued that this omission indicated non-compliance with Section 154(3) Cr.P.C., making FIR registration unnecessary.
The court rejected the APP's argument regarding omitted names, stating that the inclusion or exclusion of names by the complainant did not affect the investigation's course.
'Investigating agencies have ample power to array any person as an accused, even if not named in the complaint, should the investigation establish their involvement,' the court ruled. (ANI)