A Delhi court has refused to direct the lodging of an FIR against Chief Minister Arvind Kejriwal for allegedly misusing public money in an advertisement for his own political gains, saying spending money on ads was the prerogative of the government.

Additional Chief Metropolitan Magistrate Samar Vishal said that publication of the advertisement and spending public money on it was a matter of administrative and policy decisions of the government.

The complainant had alleged that on October 30, 2015, the chief minister had given an advertisement in a newspaper and dishonestly misappropriated the public money for his own political benefits.

“The expenditure on this public letter (in form of advertisement) from state exchequer is not misappropriation of money. The complainant cannot interfere in the same nor can take the assistance of the court because the courts have to show judicial restraint in interfering with the policy matters of the government. It’s not the case of any personal loss of the complainant.

“Spending money on advertisements is the prerogative of the government. If the courts started scrutinising all the decisions of the government, it will be traversing beyond its jurisdiction. The manner in which the letter was published in the newspaper, cannot be said to be a misappropriation of money,” the court said.

It said there was nothing in the complaint to show any mala fide intention of the AAP leader in the case.

“The complaint has no merits. Not only on merits that no case is made out but also for want of mandatory sanction of state to prosecute, I refuse to direct registration of FIR and refuse to take cognisance of the offence against the respondent,” the judge said.

The complaint was filed by Brijesh Shukla against Kejriwal for taking action against him for allegedly committing the criminal breach of trust, punishable under Section 406 of the IPC.

According to the complainant, on October 30, 2015, the chief minister had given an advertisement in a newspaper allegedly for his own political benefits by misusing the public fund and, therefore, he dishonestly misappropriated the public money for his own political benefits.

The complaint had sought registration of an FIR against Kejriwal.