SUPREME COURT OF INDIA
SURYA KANT, J.B. PARDIWALA, JJ.
N.V. Sharma - Appellant
Versus
Union Of India & Ors. - Respondents
Misc. Application No. 1238 of 2022 in Writ Petition (Crl.) No. 239 of 2022
Decided on : 10-08-2022.
FIRs - Transfer and Investigation - Indian Penal Code - Sections 295A, 153A, 505(1)(B), 504, 505(2), 506, 153B, 298, 34 - The court directed the transfer of multiple FIRs against the petitioner to the Delhi Police and ordered the clubbing of FIRs for investigation. It also allowed the petitioner to pursue alternative remedies under Article 226 of the Constitution of India or Section 482 of CrPC.
Fact of the Case:
The petitioner sought quashing of various FIRs/complaints and an alternative prayer for transfer, consolidation, and entrustment of the FIRs to a single Investigating Agency due to the grave and imminent threat to her life and liberty.
Finding of the Court:
The court directed the transfer of all the FIRs to the Delhi Police and ordered the clubbing of FIRs for investigation. It allowed the petitioner to pursue alternative remedies under Article 226 of the Constitution of India or Section 482 of CrPC.
Issues: Transfer and investigation of multiple FIRs, alternative remedies available to the petitioner.
Ratio Decidendi: The court found that the serious threat to the life and liberty of the petitioner warranted the transfer of FIRs to the Delhi Police and the clubbing of FIRs for investigation. It also recognized the alternative remedies available to the petitioner under Article 226 of the Constitution of India or Section 482 of CrPC.
Final Decision: The court directed the transfer of all the FIRs to the Delhi Police and ordered the clubbing of FIRs for investigation. It allowed the petitioner to pursue alternative remedies under Article 226 of the Constitution of India or Section 482 of CrPC.
ORDER :
The Telecast dated 26.05.2022 on the T.V. Channel 'Times Now', has led to registration of various FIRs/complaints against the petitioner in different parts of the country. The details of such FIRs/complaints, which the petitioner has so far been able to identify, are as follows:
a. FIR at the Pydhonie Police Station, District Thane City area in Mumbai, Maharashtra -FIR No. 683/2022, dated 28.05.2022 under Sections 295A, 153A and 505(1)(B) of the Indian Penal Code (IPC);
b. FIR at Cyber Cell Police Station Hyderabad, Telangana - FIR No. 959/2022 dated 30.05.2022 under Sections 153A, 504, 505(2) and 506 of the Indian Penal Code;
c. FIR at Mumbra Police Station, Thane City, Maharashtra - FIR No. 528/2022 dated 30.05.2022 under Sections 153A, 153B, 295A, 298 and 505 of the Indian Penal Code;
d. FIR at Bhiwandi Police Station, Thane City, Maharashtra - FIR No. 0199/2022 dated 30.05.2022 under Sections 153A, 153B, 295A and 505 of the Indian Penal Code;
e. FIR at Kondhwa Police Station, Pune City, Maharashtra under Sections 153A, 153B, 295A as FIR No. 540/2022 dated 31.05.2022.
f. FIR in West Bengal Narkeldanga PS Case No. 220 dated 13.06.2022 under Sections 153A, 295A, 298 and 34 of the Indian Penal Code;
g. FIR in New Delhi by Delhi Police (2/2) IFSO unit dated 08.06.2022 to the extent it relates to the present petitioner only;
h. FIR at PS Nanalpeth, District Parbhani, Maharashtra, FIR No. 0221/2022, dated 13.06.2022 under Section 295A of the Indian Penal Code;
i. FIR at Amherst PS, Kolkata, West Bengal, PS Case No. 125 dated 07.06.2022 under Sections 153A, 295A, 298 and 34 of the Indian Penal Code; and
j. PS Case No. 165 dated 12.06.2022 PS Jorasanco Police Station, Bal Mukund Makkar Road, Kolkata;
k. FIR No. 149 of 2022 dated 17.06.2022 PS Karaya, Alipore, Kolkata;
l. FIR No. 197/2022 dated 14.06.2022 PS Entally, Kolkata.
m. FIR No. 96 at Watgunge, Police Station dated 23.06.2022, State of West Bengal.
n. PS Case No. 244 at Ekbalpore Police Station dated 13.06.2022, State of West Bengal.
2. While seeking quashing of these FIRs as the primary relief in her writ petition under Article 32 of the Constitution of India, the petitioner also made an alternative prayer for transfer, consolidation and entrustment of the FIRs listed from "a to i" to a single Investigating Agency so that there are no inconsistent or conflicting findings.
3. The petitioner was initially directed by this Court on 01.07.2022 to avail the alternate remedies for quashing of the FIRs/complaints, as such a relief can be effectively granted by a High Court both in exercise of its powers under Article 226 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure (CrPC).
4. However, in light of the subsequent events highlighted by her in M.A. No. 1238 of 2022 with respect to the registration of additional FIRs listed from “j to l” coupled with the grave and imminent threat to her life and liberty which has been further supported with an additional affidavit based upon the information available in the public domain, notice was issued to respondents to explore modalities by which the petitioner could seek quashing of the FIRs before a single High Court vested with jurisdiction in the matter.
5. We have heard Mr. Maninder Singh, learned senior counsel for the petitioner, Mr. Tushar Mehta, learned Solicitor General of India appearing for the Union of India and some of the States, and also Dr. Menaka Guruswamy, learned senior counsel appearing for the State of West Bengal, besides other learned counsels appearing for the remaining States.
6. We have also gone through the contents of the application, additional affidavit and other material on record with their able assistance. It has been brought to our attention that since the previous date of hearing on 19.07.2022, the petitioner has discovered that two more FIRs had also been registered against her, as listed at “m-n” in the list above.
7. In regard to the petitioner’s alternative prayer, it app
The serious threat to the life and liberty of the petitioner warranted the transfer of FIRs to the Delhi Police and the clubbing of FIRs for investigation. The petitioner was also allowed to pursue a....
Crime investigation – There cannot be two investigating agencies with respect to same FIRs/complaints arising out of same incident/occurrence with respect to different co-accused.
Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.