New Delhi [India], February 17 : A court at Rouse Avenue on Tuesday dismissed a protest petition filed against an untrace report submitted by Delhi Police in a case related to the alleged defacement of public property against former Delhi Chief Minister Arvind Kejriwal and two others.
The protest petition was moved by complainant Shiv Kumar Saksena, who had earlier sought registration of an FIR alleging defacement of public property in the Dwarka area.
Additional Chief Judicial Magistrate (ACJM) Neha Mittal dismissed the protest petition, stating that the court is satisfied with the investigation conducted by the Delhi Police.
"This Court is satisfied with the investigation made by the police. Accordingly, the present protest petition filed by the complainant is dismissed," ACJM Neha Mittal said in the order.
While dismissing the petition, the court pointed out that no justifiable ground exists which warrants further investigation.
This Court is satisfied with the efforts made by the police to trace the persons responsible for defacing the property under the DPDP Act. Needless to say, the deemed liability under the Act cannot be imputed upon the alleged persons unless the prime offender is traced, as the liability of the Act is only secondary liability.
The court further said that any contrary interpretation would make it impossible for the offenders roped to prove that the offence was committed without their knowledge or consent.
On January 7, 2026, the court had disposed of the complaint alleging public property defacement case against Arvind Kejriwal and others.
The Court disposed of the Complaint after noting that an FIR had been registered and an untrace report had been filed.
"Record shows that FIR at Police Station Dwarka South, has already been registered in the present matter and untrace report has been filed which is listed for today for consideration, " ACJM Neha Mittal recorded in the order of January 7.
Delhi police filed an untrace report on December 4, 2025.
Earlier, the investigation officer (IO) on October 29 submitted before the court that former MLA Gulab Singh and Nitika Sharma have been interrogated. Arvind Kejriwal could not be interrogated as he is not in Delhi. Therefore, some more time is required to conclude the investigation.
On August 11, the Forensic Science Laboratory (FSL) filed a FSL report of a CD in a case of public property defacement against former CM Arvind Kejriwal and two others.
Delhi police investigated the case after registering an FIR pursuant to the order of the Rouse Avenue court.
An FIR has been registered in this case against former CM Arvind Kejriwal, former MLA Gulab Singh and MCD councillor Nitika Sharma.
The court on March 11 directed Delhi police to file an FIR on a complaint filed against former CM Arvind Kejriwal, former MLA Gulab Singh and MCD councillor Nitika Sharma in a matter related to defacement of public property in the Dwarka area in 2019.
On March 28, 2025, police had informed the court that they had registered an FIR on a complaint against Arvind Kejriwal and others. The complainant has alleged a violation of defacement of the public property Act in the Dwarka area.
The court held that it is of the considered opinion that the application under Section 156(3) Cr.P.C. deserves to be allowed.
"Accordingly, the concerned SHO is directed to register FIR immediately under section 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," ACJM Mittal ordered on March 11.
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