New Delhi, Mar 11 (UNI) A Delhi court on Tuesday directed the police to register an FIR against AAP Leader and former Chief Minister of the Union Territory Arvind Kejriwal for contravening provisions of the Delhi Prevention of Defacement of Property Act, 2007.
The court directed the Delhi Police to file a compliance report on March 18.
The complainant Shiv Kumar Saxena has submitted that the accused persons had misused public money by putting huge size hoardings in parks, roads, crossings, power poles and other public places.
The complainant stated that a written complaint in was filed in Dwarka South police station on November 15, 2019 for alleged illegal displayed of hoardings.
He submitted that in one of the hoardings, it is stated that the Delhi Government will soon start registration for darshan at Kartarpur Sahib and the same bears the photographs and names of Arvind Kejriwal, the then CM - accused no one- and Gulab Singh, MLA, Matiyala Constituency - accused no. two.
In another hoarding, greetings of Gurunanak Dev Jayanti and Kartik Purnima have been extended to the local residents and the same bears the photograph and name of Nitika Sharma, Nigam Parshad (accused no.three) and photographs of Narendra Modi, Amit Shah, Manoj Tiwari, J.P. Nadda, Parvesh Verma,Ramesh Bhiduri and others.
He submitted that displaying of hoardings on public property is a clear violation of the DPDP Act, 2007 for which the complainant filed a written police complaint, but no action was taken. Aggrieved by the inaction of the police officials, the complainant has filed the present application under Section 156(3) of Cr.P.C. praying for registration of FIR.
The SHO of Dwarka South police station had filed a status report in 2022 by submitting that the present complaint was filed in 2019 and at the time of filing the status report no such hoardings have been found displayed at the alleged spot and hence, no cognisable offence is made out.
He submitted that the Metropolitan Magistrate, Southwest, Dwarka Courts, dismissed the case on September 15. 2022 with the observation that further investigation is not required in the present case.
A revision petition was filed by the complainant against the said order and on January 21, 2025 the order was set aside by the Special Judge for MP/MLA's cases. The matter was remanded back to the Trial Court with directions to decide the application afresh.
Accordingly, the present application under Section 156 (3) Cr.P.C. was filed on behalf of the complainant.
The Government Counsel argued that it can be seen from the photographs annexed with the complaint that the details of printing press are not mentioned on the hoardings and hence, it is impossible to determine from where the said hoardings were printed and at whose instance.
It is submitted that in such circumstances, no purpose would be served by allowing the present application, and it is prayed that there is no need to order the registration of FIR in the present case.
Additional Chief Judicial Magistrate (ACJM) after hearing submissions said, "This court 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". UNI XC SSP