Saxena VS Kejriwal: Compliance report not filed, police seek certified copies of complaint and plea for FIR - World News Network

New Delhi [India], March 18 (ANI): The Delhi Police on Tuesday did not file a compliance report pursuant to the direction of the Rouse Avenue court for the registration of an FIR.
The court on March 11, directed Delhi police to file an FIR on a complaint filed against former CM Arvind Kejriwal, former MLA Gulab Singh and MCD councillor Nitika Sharma.
Meanwhile, on Tuesday, the Station House Officer (SHO) of Dwarka South Police Station moved an application to supply a copy of the complaint and an application filed by the complainant to register an FIR.
Additional Chief Judicial Magistrate (ACJM) Neha Mittalallowed the application and directed the SHO to obtain the certified copy.
The Court has listed the matter for compliance on March 28.
On March 11, the court directed the Delhi police to register an FIR against Arvind Kejriwal and others in a matter related to the defacement of public property in the Dwarka area in 2019.
This direction was passed on a complaint filed by one Shiv Kumar Saxena.
The court said that it is of the considered opinion that the application u/s 156(3) Cr.P.C. deserves to be allowed.
“Accordingly, the concerned SHO is directed to register FIR immediately U/s 3 of 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 order on March 11.
It was stated by the complainant that the accused persons are misusing public money by putting
huge size hoardings at Sector -11 DDA Park, Dwarka road and crossing, Delhi Development Authority MP green area at Sector -11, Dwarka (behind DDA Sports Complex), Sector-10 main crossing and Sector -10/11, Sector -6/10 main decorated crossings and roads, power poles, DDA park boundary walls, and other public places.
It was further stated that one of the hoardings states that the Delhi Government will soon start registration for darshan at Kartarpur Sahib. The hoarding bears the photographs and names of Arvind Kejriwal, the then CM, and Gulab Singh, the then MLA, Matiyala Constituency.
In another hoarding, greetings of Gurunanak Dev Jayanti and Kartik Purnima have been extended to the local residents. The same bears the photograph and names of Nitika Sharma, Nigam Parshad, PM Narendra Modi, Amit Shah, Manoj Tiwari, JP Nadda, Parvesh Verma, Ramesh Bidhuri, and others.
A complaint was also made to the police, but no action was taken.
A status report was filed in the year 2022 on behalf of SHO, PS Dwarka South states that the present complaint was filed in 2019, and at present (at the time of filing the status report), no such hoardings have been found displayed at the alleged spot, and hence, no cognizable offence is made out at present.
In view of the status report, the Metropolitan Magistrate of Dwarka court dismissed the complaint on September 15, 2022.
The complainant had filed a revision petition before the Rouse Avenue court. The petition was allowed, and the matter was remanded for a fresh hearing.
The session court had directed to decide the application under Section 156 (3) of Cr.P.C. afresh with a speaking order on the disclosure of a cognizable offence from the complainant’s allegations.
It is further directed that the Trial Court shall then decide the question of directions under Section 156(3) CrPC or proceed with the complaint in the manner of a complaint case.
Legal Aid Counsel (LAC) for the complainant had argued that even in the status report, the Enquiry Officer had merely submitted that no hoarding was found on the date of filing of the status report and that the report is silent regarding the existence of hoardings on the date and time as alleged by the complainant.
It was further argued that an investigation is required to be carried out in the present case as it is beyond the means of the complainant to determine who affixed the hoardings in question.
The Additional Public Prosecutor (APP) for the State opposed the plea and argued that the photographs annexed with the complaint show that the details of the printing press are not mentioned on the hoardings, and hence, it is impossible to determine where the said hoardings were printed and at whose instance.
It was also submitted that in such circumstances, no purpose would be served by allowing the present application. It is further argued that the complainant had mentioned the names of approximately 8-10 persons as accused, including the name of Prime Minister of India in the complaints filed by him in the concerned PS and before DCP, but most of these names have been omitted from the present application and thus, the present application cannot be said to have been filed after due compliance of Section 154(3) CrPC with these submissions, it is prayed that there is no need to order the registration of FIR in the present case.
The court rejected the contention APP regarding the omission of certain persons’ names from the present complaint and said that it cannot have any bearing on the fate of the present application.
The Court said, “The mentioning or omitting of the name of certain persons by the complainant cannot determine the course of investigation. The investigating agency has ample power to array any person as accused, though not named as an accused in the present application/complaint, whose complicity in the commission of the offence is established from the investigation.” (ANI)

Disclaimer: This story is auto-generated from a syndicated feed of ANI; only the image & headline may have been reworked by News Services Division of World News Network Inc Ltd and Palghar News and Pune News and World News