Delhi HC refuses registration of FIR against Congress chief Kharge

The Delhi Court has refused to give directions for the registration of an FIR against Congress Chief Mallikarjun Kharge. However, the court has taken cognizance of the Complaint alleging hate speech against BJP and RSS in an election rally in Karnataka in April 2023.

Judicial Magistrate First Class (JMFC) Chatinder Singh after hearing the submissions by the complainant's counsel and considering the Action Taken Report (ATR) by Delhi Police refused to give directions for the registration of FIR.

The Court said that the alleged accused is already identified and all evidence is with the complainant. There is no need for FIR.

"Hence, there is no need for investigation by the Police under Section. 156(3) Cr. P.C. in this case. Application is hereby dismissed," JMFC Chatinder Singh said in an order passed on December 9.

However, the court has taken the Cognizance of the complaint filed by Advocate Ravinder Gupta, a member of RSS.

JMFC said, " However, the cognizance of the complaint is taken."

The Court said that the complainant is at liberty to lead pre-summoning evidence (PSE). In case any requirement of investigation arises at a later stage related to some disputed facts the provision of section 202 Cr.PC could be resorted to be put up for PSE on 27.03.2025.

The complainant filed a Complaint through advocate Gagan Gandhi.

The Court noted that the allegation is that Kharge made some speech in an election rally wherein scathing remarks were made against the BJP and RSS, further complaint is feeling aggrieved since he is a member of RSS.

The complainant is in possession of the complete details of the accused persons as well as the witnesses who are to be examined and neither recovery is needed nor any such material evidence is required to be collected which can be done only by the police.

"The true test to use the discretionary power to order an investigation by police under Section 156(3) Cr.P.C is not whether any cognizable offence is committed or not, but whether an investigation by police agency is required or not," the court observed.

The court said that in the present case all the material is available with the complainant and no technical or complex investigation is required by the police.

Later, in case the Court find it necessary that an investigation by the police is required it can resort to Section 202 Cr.P.C for that purpose, the court said.In light of the facts and circumstances of the present complaint, there is no need to invoke Section 156(3) Cr.P.C for issuing directions to register an FIR against the alleged accused persons.

There is no need for registration of FIR as the identity of the alleged accused person is ascertained. No facts are needed to be unearthed as the same is well within the knowledge of the complainant. Custodial interrogation of the alleged accused is not necessary.

The court said that the evidence was 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.

It is alleged that the accused gave a hate speech on 27.04.2023 wherein the alleged accused passed a scathing remark against PM Narendra Modi while addressing an election rally at Naregal, Gadag, Karnataka.

It is further stated in the complaint that later on the same day the alleged accused in other election rallies clarified that his statement was not against the Prime Minister but against the BJP and RSS. Furthermore being a member of RSS the complainant is feeling defamed since he is an ardent follower and active member of RSS.

The complainant had prayed for the registration of an FIR against the alleged accused persons. The court had called for an Action Taken Report (ATR) which was filed by Police (PS) Station Subzi Mandi.

It was submitted by the investigation officer (IO) that the speech was made an election rally in Naregal, Karnataka and no offence was committed in the jurisdiction of PS Subzi Mandi.