NEW DELHI: The Delhi High Court has quashed a trial court order that took cognisance of a chargesheet filed by the city police in a case against social activist Shabnam Hashmi for an alleged violation of prohibitory orders by holding a protest against the Citizen (Amendment) Act (CAA) in 2020.
Justice Navin Chawla said after the completion of the investigation, police filed a “final report” or a chargesheet before the magisterial court instead of a “complaint”, which was not permissible in law.
“The order dated 08.10.2021 passed by the learned metropolitan magistrate in Criminal Case No. 5612/2021 is quashed and proceedings emanating therefrom are also quashed,” the court said in an order passed earlier this week.
The court, however, said police shall have the liberty to file a “fresh complaint” and the same would be considered in accordance with law. It also noted that in the present matter, there is no challenge to the registration of the FIR.
The FIR was registered against the petitioner in June 2020 after police came across a video of eight to 10 people walking with a banner against the CAA at a DDA park in Sector 6, Dwarka.
According to police, the video was posted on the X handle of the petitioner, who was part of the group seen in the video and was holding the banner. It was stated that their conduct was in violation of the prohibitory orders issued by the assistant commissioner of police, Dwarka on June 1, 2020 under section 144 of the CrPC.
The investigating agency said the petitioner committed an offence under section 188 (disobedience to orderd by public servant) of the IPC.