Metropolitan Magistrate Neeraj Gaur's order came on a complaint by advocate Prem Shankar Sharma who said Thackeray's August 31 remarks, terming Bihar natives as infiltrators and threatening them to throw them out of Maharashtra, are provocative and anti-national, for which an FIR must be lodged against him.

In its action-taken-report over the complaint, the Delhi Police had earlier told the court that it was facing several legal hurdles in lodging the FIR against the MNS chief as neither the comments were made in the national Capital nor the newspapers which carried them are printed in Delhi.