Back
SUPREME COURT OF INDIA
M.R. SHAH, KRISHNA MURARI, JJ.
Navika Kumar – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (Criminal) No. 286 of 2022
Decided On : 23-09-2022
Criminal Procedure Code, 1973 – Section 173 – Constitution of India – Article 32 – Crime investigation – Incident emanating from T.V. Debate telecast – FIRs/complaints which are transferred to IFSO unit of Delhi Police, in which petitioner is also a co-accused, there cannot be two investigating agencies with respect to same FIRs/complaints arising out of same incident/occurrence with respect to different co-accused – On such ground as well as on ground of parity, FIRs/complaints are also required to be transferred to IFSO unit of Delhi Police so far as petitioner is concerned being co-accused – By Order dated 10.08.2022 passed in case of Nupur Sharma, this Court has also passed an order that investigation of any subsequent FIRs/complaints which are registered in future in respect of same incident/occurrence on 26.05.2022. shall also stand transferred to IFSO unit of Delhi Police – No coercive action shall be taken against petitioner pursuant to said FIRs/complaints and for FIRs/complaints which may be entertained in future pertaining to telecast dated 26.05.2022 on Times Now, for a period of eight weeks from today so as to enable petitioner to approach concerned Court/Delhi High Court for appropriate relief – Investigation of any subsequent FIRs/complaints which are registered in future in respect of same Newshour Debate telecasted on Times Now on 26.05.2022, shall also stand transferred to IFSO unit of Delhi police. (Paras 5, 6 and 7)
Facts of the case:
Petitioner is a T.V. Anchor, seeking direction from Court for appropriate writ, order or direction in the nature of certiorari quashing the Impugned FIRs/Complaints described in paragraph 17 of the present Petition or any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of same incident/occurrence, i.e., Newshour Debate telecasted on Times Now on 26.05.2022; and some other alternate reliefs.
Findings of Court:
As far as the primary prayer in terms of prayer (a) in the writ petition is concerned, the petitioner shall be at liberty to pursue such prayer by approaching the High Court of Delhi under Article 226 of Constitution of India or Section 482 of the Criminal Procedure Code. As and when such proceedings are instituted by the petitioner, the same shall be considered in accordance with law and on their own merits.
Result : Petition disposed of with observations.
JUDGMENT :
M.R. Shah, J.
1. By way of this petition filed under Article 32 of the Constitution of India, the petitioner has prayed for the following substantive reliefs,
(a) Issue an appropriate writ, order or direction in the nature of certiorari quashing the Impugned FIRs/Complaints described in paragraph 17 of the present Petition or any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of the same incident/occurrence, i.e., the Newshour Debate telecasted on Times Now on 26.05.2022;
(b) Alternatively, issue an appropriate writ, order or direction in the nature of transfer and club all FIRs including the Impugned FIRs/Criminal Complaints described in paragraph 17, and any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of same incident/ occurrence, i.e., the Newshour Debate telecasted on Times Now on 26.05.2022 with FIR No. 130 of 2022 registered by the Special Cell, Delhi Police i.e. the first reported FIR in relation to the said incident/occurrence;
(c) Issue an appropriate writ, order or direction in the nature of mandamus restraining Respondents and/or any other authority to take any coercive steps pursuant to the Impugned FIRs/Criminal Complaints described in paragraph 17 of the present Petition or any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of same incident/ occurrence, i.e., the Newshour Debate telecasted on Times Now on 26.05.2022;
(d) Issue a writ of mandamus or any other writ of appropriate nature to the effect that no cognizance of any complaint would be taken by any court nor any FIR registered by the police in relation to or arising out of the same incident/ occurrence i.e., the Newshour Debate Telecasted on Times Now on 26.05.2022.
(e) Allow the Petitioner to amend the present Writ Petition in the event that any other FIR is registered on the same cause of action in future
with respect to the various FIRs/criminal complaints filed against the petitioner in different police stations in different States in relation to the incident/occurrence – Newshour Debate telecasted on Times Now on 26.05.2002.
2. The particulars of different FIRs/criminal complaints filed against the petitioner, of which the reliefs are sought in the present petition, are as under :
| S. NO. | FIR NO. / DATE | OFFENCE(S) | POLICE STATION | STATE |
| 1. | FIR No. 220 of 2022 Date: 04.06.2022 | Sections 153-A, 295-A, 298 and 34 of the Indian Penal Code, 1860 | Police Station Narkeldanga, Kolkata, West Bengal | West Bengal |
| 2. | FIR No. 125 of 2022 Date: 07.06.2022 | Sections 153-A, 295-A, 298 and 34 of the Indian Penal Code, 1860 | Amherst, Police Station, Kolkata, West Bengal | West Bengal |
| 3. | FIR No. 0367 of 2022 Date: 11.06.2022 | Section 153-A and Section 295-A of the Indian Penal Code, 1860 | Yavatmal Urban, Police Station, District Yavatmal, Maharashtra | Maharashtra |
| 4. | Case No. 25788251 of 2022 Case instituted on: 11.06.2022 | Sections 120-B, 153A, 153B, 295A, 298 and 505(2) of the Indian Penal Code, 1860 | Court of City Judge/ JMIC, Srinagar | Jammu and Kashmir |
| 5. | FIR No. 165 of 2022 Date: 12.06.2022 | Section 153-A, 504, 505(2), 506, 295-A and 34 of the Indian Penal Code, 1860 | Police Station Jorasanko, Kolkata, West Bengal | West Bengal |
| 6. | FIR No. 197 of 2022 Date: 14.06.2022 | Sections 153-A, 295-A, 298 and 34 of the Indian Penal Code, 1860 | Entally Police Station, Kolkata, West Bengal | West Bengal |
2.1 It is also submitted that apart from the aforesaid FIRs/complaints, two more FIRs have been filed against the petitioner, details of which are given below, which are
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.
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....
Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
Petition under Article 32 of Constitution of India cannot be entertained for quashing FIRs when petitioner has alternate remedy under Section 482 of Code of Criminal Procedure 1973 before jurisdictio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
