However, the Court decided to proceed on the complaint filed by advocate Amita Sachdeva who has claimed that the paintings hurt the sentiments of Hindus.
The Court will now examine the accused persons to determine whether there is sufficient ground to proceed with the matter or not.
“This matter may be proceeded as a complaint case henceforth. Let notice be issued to proposed accused persons in terms of first proviso to section 223 BNSS for 12.02.2025,” the Court ordered.
Judicial Magistrate First Class Sahil Monga noted that all the facts and circumstances of the case are within the knowledge of the complainant and CCTV footage of Delhi Art Gallery, video recorder and the paintings in question have already been seized.
Accordingly, the Court dismissed the application seeking directions for registration of FIR against the accused.
“It is settled law that U/s. 175(3) BNSS, Magistrate has power to direct the police to register a case and investigate the matter, but this power is to be exercised judiciously and not in a mechanical manner. In the matters where the complainant has in his/her possession all the evidence required to prove his/her allegations, there should be no need to pass an order U/s. 175 (3) BNSS,” the Court said.