Delhi court refuses to register FIR against Congress chief Kharge
A Delhi court has declined to order the registration of a First Information Report (FIR) against Congress Chief Mallikarjun Kharge. The order was passed by Judicial Magistrate First Class Chatinder Singh after considering submissions of the complainant's counsel and an Action Taken Report by the Delhi Police. The complaint claimed Kharge made derogatory remarks against the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS) at an election rally in Karnataka in April 2023.
Court dismisses need for police investigation
The court said there is no need for an FIR as the accused is already identified and evidence is in possession of the complainant. "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 Singh said in an order dated December 9. While dismissing the FIR request, the court took cognizance of the complaint of RSS member Advocate Ravinder Gupta.
Complainant allowed to present pre-summoning evidence
The court permitted Gupta to file pre-summoning evidence (PSE) and said if further investigation is needed, Section 202 of the Code of Criminal Procedure (CrPC) can be invoked. It observed that all requisite details of the accused and witnesses are with the complainant, eliminating the requirement to collect evidence. It stressed that "the true test to use the discretionary power to order an investigation...is not whether any cognizable offense is committed...but whether an investigation by police agency is required."
No complex investigation by police deemed necessary
In this case, as all material evidence is available to the complainant, no complicated investigation by police is considered necessary. The alleged hate speech was made on April 27, 2023, where Kharge allegedly made scathing remarks against PM Narendra Modi at a rally in Naregal, Gadag, Karnataka. However, he later clarified his comments were aimed at the BJP and RSS and not the Prime Minister.
