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2021 Supreme(SC) 401

VINEET SARAN, B. R. GAVAI
KANUMURI RAGHURAMA KRISHNAM RAJU – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mukul Rohatgi, Sr. Adv. Mr. B. Adinarayana Rao, Sr. Adv. Mr. Ashok Bhan, SR. Adv. Mr. Byrapaneni Suyodhan, Adv. Mr. Mayank Jain, Adv. Ms. Tatini Basu, AOR
For the Respondent(s) Mr. Dushyant Dave, Sr. Adv. Mr. V. Giri, Sr. Adv. Mr. Sudhakar Reddy, AAG
Mr. J.N. Bhushan, AAGMr. C. Sumon Reddy, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. Shaik Mohamad Haneef, Adv. Mr. T. Vijaya Bhaskar Reddy, Adv. Mr. Amitabh Sinha, Adv. Mr. K.V. Girish Chowdary, Adv. Mr. Shrey Sharma, Adv.

ORDER :

1. Leave granted.

This appeal has been filed challenging the order of the High Court dated 15.05.2021 passed in Criminal Petition No.2998/2021, on the application of the appellant herein filed under Sections 437 and 439 of the Code of Criminal Procedure to enlarge the appellant/accused on bail in Crime No.12/2021 of CID, Police Station Mangalagiri, Guntur, Andhra Pradesh registered for offences punishable under Sections 124 A, 153(A), 505 read with Section 120-B of the Indian Penal Code (for short ‘IPC’). By the said order, the High Court has stated that it would not be inclined to entertain the petition on the ground that the appellant can approach the concerned Trial Court and seek necessary relief.

Brief facts of the case are that after enquiry by the State CID and on the directions of the Additional Director General of the CID to institute an FIR based on the said enquiry report, an FIR was lodged on 14.05.2021 with the following allegations:

    “Sri Raju did not restrict himself to fair criticism of the Government, but has made every attempt to create hatred, contempt

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