Delhi HC quashes two COVID-era FIRs against former AAP MLA Kuldeep Kumar over Tiranga Yatra

New Delhi : The Delhi High Court has quashed two FIRs registered against former Aam Aadmi Party (AAP) MLA Kuldeep Kumar over a Tiranga Yatra organised during the COVID-19 pandemic in 2021, holding that one continuous procession could not be treated as separate criminal incidents merely because it passed through the jurisdictions of different police stations.
Delivering the judgment, Justice Swarana Kanta Sharma held that the two impugned FIRs, along with an earlier FIR on which the trial had already concluded, arose out of the same Tiranga Yatra held on Independence Day, August 15, 2021.
The Court observed that the rally satisfied the legal “test of sameness” as it had unity of purpose, continuity of action and proximity in time and place, making the registration of successive FIRs legally unsustainable.

The case arose after Kuldeep Kumar, then the MLA from Kondli, allegedly led a Tiranga Yatra despite COVID-19 restrictions prohibiting public gatherings.
Three FIRs under Section 188 of the Indian Penal Code were registered at New Ashok Nagar, Kalyanpuri and Ghazipur police stations, alleging that participants had assembled without permission, failed to wear masks and violated social distancing norms.
After examining all three FIRs, the High Court found that they were based on the same procession, which continued through different localities during the afternoon.
It noted that the prosecution had not alleged that the rally ended at any stage or that participants dispersed before organising another procession. Instead, the allegations showed that the same Tiranga Yatra simply moved from one area to another.
The Court rejected the State’s submission that every time the procession entered the jurisdiction of a different police station, it constituted a fresh offence under Section 188 IPC.
It held that the mere continuation of the same procession across different police station limits could not convert one continuous transaction into multiple independent offences.
The High Court also noted that the allegations in all three FIRs were substantially identical, relating to the same Tiranga Yatra, the same alleged violation of COVID-19 restrictions and prohibitory orders, and the same offence under Section 188 IPC.
It observed that Kuldeep Kumar had been named as the principal accused in all the cases.
The Court further took note that the proceedings arising out of FIR No. 353/2021 registered at New Ashok Nagar Police Station had already concluded, with Kuldeep Kumar and co-petitioner Ravinder being convicted and sentenced to pay a fine.
In view of this, the Court held that permitting prosecution in the remaining two FIRs would result in the petitioners facing criminal proceedings again for the very same incident.
It observed that such a course would be contrary to the protection against double jeopardy guaranteed under Article 20(2) of the Constitution and Section 300 of the Code of Criminal Procedure.
Clarifying the scope of its ruling, the High Court said the judgment should not be understood to mean that separate FIRs can never be registered for alleged violations of Section 188 IPC. It observed that a second FIR may be legally maintainable where the later incident is distinct, involves a counter-version, or where subsequent investigation reveals a larger conspiracy or a separate offence. However, the Court held that none of those exceptions applied in the present case.
Accordingly, the High Court quashed FIR No. 413/2021 registered at Kalyanpuri Police Station and FIR No. 372/2021 registered at Ghazipur Police Station, along with all consequential proceedings arising from them.