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M. R. SHAH, KRISHNA MURARI
Navika Kumar – Appellant
Versus
Union of India – Respondent
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
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....
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