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59m ago

Delhi Sessions Court Quashes Order for Fresh Probe Into Kapil Mishra Over 2020 Riots

The judge ruled the magistrate exceeded his powers by ordering “further investigation” without a clear FIR when a related conspiracy case was already on trial.

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The court said the complaint lacked clarity on the number of accused, contained inconsistent details, and cited incidents at multiple locations. (HT archive)
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Overview

  • Special Judge Dig Vinay Singh set aside the April 1 order of ACJM Vaibhav Chaurasia that had sought a renewed probe into an alleged February 23, 2020 incident in Kardampuri.
  • The court found a serious jurisdictional error, noting that once cognisance was taken in FIR No. 59/2020, the magistrate could not direct “further investigation” and any order affecting liberty had to be unambiguous.
  • It said the magistrate conflated reinvestigation with further investigation and made unwarranted comments on issues already being tried in the larger conspiracy case under UAPA.
  • The complaint by Mohammad Ilyas alleged Mishra and others blocked a road and vandalised vendors’ carts, but the sessions court said the application did not clearly disclose a cognisable offence and contained inconsistencies.
  • With the order quashed and an earlier stay lifted, there is no direction to register a new FIR or reopen inquiry, though the complainant can approach the High Court while the broader FIR No. 59/2020 trial continues.