Refusal to order registration of FIR against Kharge in defamatory statement case

New Delhi, 13 December (HS). Judicial Magistrate First Class Chatinder Singh of Tis Hazari Court has refused to order registration of FIR in the case of Congress President Mallikarjun Kharge’s alleged derogatory statement about BJP and Rashtriya Swayamsevak Sangh. The court directed the petitioner to record evidence against Kharge. The court said that if there are facts in the evidence then investigation will be ordered. Now the next hearing of the case will be on March 27, 2025.

Ravindra Gupta, associated with the Sangh, has said in the petition that Mallikarjun Kharge made derogatory statements about the BJP and the Sangh during the assembly elections in Karnataka on April 27, 2023. Kharge made serious allegations against Prime Minister Narendra Modi. He later said that his statement was not against the Prime Minister, but against the Sangh and the BJP. Advocate Gagan Gandhi, appearing for the petitioner, said that being associated with the Sangh, the petitioner is hurt by the statements of Mallikarjun Kharge. In this case, the court had asked the Sabzi Mandi police station to file an action taken report. The police of Sabzi Mandi police station said in its report that the statements were made in Karnataka and it does not come under the jurisdiction of Sabzi Mandi police station.

The Court said that the prerogative of the Court under Section 156(3) of the Code of Criminal Procedure is not to see whether the offense is cognizable or not, but to see whether a police investigation is required or not. Therefore, permission to register FIR cannot be given. Taking cognizance of the complaint, the court directed the petitioner to present evidence in support of the complaint.