The Delhi High Court has quashed two FIRs registered against former Aam Aadmi Party MLA Kuldeep Kumar and others over a Tiranga Yatra held on Independence Day in 2021, holding that all three criminal cases stemmed from the same continuous event. The Court ruled that the procession could not be split into separate criminal cases merely because it passed through different police station jurisdictions.
Justice Swarana Kanta Sharma delivered the judgment on August 3, 2026, while deciding three connected petitions challenging the registration of multiple FIRs.
Background of the Case
The case arose from a Tiranga Yatra conducted on August 15, 2021, when Kuldeep Kumar was serving as the MLA from Delhi's Kondli Assembly constituency. According to the prosecution, the rally allegedly took place during the COVID-19 pandemic without complying with restrictions relating to public gatherings, social distancing and other preventive measures issued under government orders.
Following the procession, Delhi Police registered three separate FIRs at New Ashok Nagar, Kalyanpuri and Ghazipur police stations under Section 188 of the Indian Penal Code. The petitioners argued that all three FIRs related to the same Tiranga Yatra and therefore amounted to successive prosecutions for one incident. They also pointed out that proceedings in one FIR had already concluded, resulting in the conviction of Kuldeep Kumar and Ravinder.
The State opposed the petitions, contending that the rally allegedly violated prohibitory orders at different places and times, giving rise to separate causes of action within different police station limits.
Court's Observations
The High Court examined the legal principles governing multiple FIRs and reiterated that the decisive question is whether different FIRs relate to the same transaction or to separate incidents. Referring to several Supreme Court judgments, the Court noted that a second FIR is generally not permissible if it concerns the same occurrence.
After comparing all three FIRs, the Court found that they described the same Tiranga Yatra, led by the same person, on the same day, with substantially identical allegations of violating COVID-19 restrictions and prohibitory orders. The Court observed that the rally moved continuously through different areas and there was no allegation that it had ended before another procession began.
Rejecting the State's argument that every entry into a new police station area created a fresh offence, the Court observed:
"The facts of the present case satisfy the 'test of sameness' as there is – unity of purpose and design, proximity of time and place, and continuity of action."
The bench further noted:
"Merely because the same procession passed through areas falling under jurisdictions of different police stations... would not, by itself, convert one continuous transaction into multiple independent transactions."
The Court also held that since one of the FIRs had already resulted in conviction, continuing the remaining prosecutions arising from the same transaction would conflict with the constitutional protection against being prosecuted and punished more than once for the same offence.
Decision
Allowing the petitions, the Delhi High Court quashed FIR No. 413/2021 registered at Police Station Kalyanpuri and FIR No. 372/2021 registered at Police Station Ghazipur, along with all consequential proceedings.
The Court clarified that its ruling does not prohibit registration of multiple FIRs in every case involving Section 188 IPC. It explained that separate FIRs may still be legally maintainable where later incidents are distinct, involve a counter-version, or disclose a larger conspiracy or separate offence.
However, the present case did not fall within any of those exceptions.
Case Details
Case Title: Kuldeep Kumar v. State (NCT of Delhi) & Connected Matters
Case Number: CRL.M.C. 5853/2022, CRL.M.C. 6910/2022 & CRL.M.C. 7326/2023
Judge: Justice Swarana Kanta Sharma
Decision Date: August 3, 2026
