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Delhi Sessions Court Sets Aside Order for Fresh Probe Against Kapil Mishra in 2020 Riots Case

The decision removes any directive for an FIR linked to a Feb. 23 Kardampuri episode, with the complainant free to move the High Court.

Overview

  • Special Judge Dig Vinay Singh of the Rouse Avenue Courts on November 10 set aside an April 1 order concerning allegations tied to a February 23, 2020 incident, removing any direction to register an FIR or reopen that portion of the probe.
  • The April order by Additional Chief Judicial Magistrate Vaibhav Chaurasiya had called for further investigation after a petition from Mohammad Ilyas seeking FIRs naming Kapil Mishra and others.
  • Both the Delhi Police and Mishra challenged the magistrate’s directive, and the sessions court had granted an interim stay on April 9 before issuing Monday’s ruling.
  • Police told the court the magistrate overstepped given a pending UAPA case on an alleged larger conspiracy and argued Mishra was being framed.
  • The magistrate had earlier found a cognizable offence and noted Mishra acknowledged being in the area, while the complainant alleged a road blockade and damage to vendors’ carts in Kardampuri.