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2022 Supreme(SC) 1552

SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, A.S. Bopanna, JJ.
Mohammed Zubair – Appellant
Versus
State of Nct of Delhi & Ors. – Respondents
Writ Petition (Criminal) Diary No. 21492 of 2022
Decided On : 18-07-2022

Advocates appeared:
Ms. Vrinda Grover, Advocate, Mr. Soutik Banerjee, Advocate, Ms. Mannat Tipnis, Advocate, Ms. Devika Tulsiani, Advocate, Mr. Aakarsh Kamra, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Kanu Agarwal, Advocate, Ms. Swati Ghildiyal, Advocate, For the Respondent.

The court has the authority to grant liberty for urgent listing, direct the production of the petitioner before a specific court, and prohibit precipitate steps against the petitioner in connection with the FIRs.

Headnote:

Mention - Urgent Listing - The court granted liberty to the petitioner to mention the matter before the Bench presided over by Hon'ble Dr Justice D Y Chandrachud. The petition was taken on Board on urgent mentioning by Ms Vrinda Grover. The petitioner has been directed to be produced before the Court at Hathras in Uttar Pradesh. No precipitate steps shall be taken against the petitioner in connection with any of the five FIRs without the leave of this Court.

Fact of the Case:

The petitioner sought urgent listing of the matter due to multiple FIRs being registered on essentially the same subject matter in different police stations.

Finding of the Court:

The court granted liberty to the petitioner to mention the matter before the Bench presided over by Hon'ble Dr Justice D Y Chandrachud. The petition was taken on Board on urgent mentioning by Ms Vrinda Grover. The petitioner has been directed to be produced before the Court at Hathras in Uttar Pradesh. No precipitate steps shall be taken against the petitioner in connection with any of the five FIRs without the leave of this Court.

Issues: Urgent listing of the matter, multiple FIRs being registered on the same subject matter in different police stations, and the petitioner being directed to be produced before the Court at Hathras in Uttar Pradesh.

Ratio Decidendi: Granting liberty to the petitioner for urgent listing, directing the petitioner to be produced before the Court at Hathras, and prohibiting precipitate steps against the petitioner in connection with the FIRs without the leave of the Court.

Final Decision: The petition was granted liberty to mention the matter before the Bench presided over by Hon'ble Dr Justice D Y Chandrachud. The petitioner was directed to be produced before the Court at Hathras in Uttar Pradesh. No precipitate steps shall be taken against the petitioner in connection with any of the five FIRs without the leave of this Court.

ORDER

1 The petition was mentioned by Ms Vrinda Grover, counsel for the petitioner before the Court presided over by the Hon'ble the Chief Justice today. The following order has been passed:

    "Upon being mentioned by Ms Vrinda Grover, learned counsel appearing for the petitioner for urgent listing of matter, we grant liberty to the petitioner to mention the matter before the Bench presided over by Hon'ble Dr Justice D Y Chandrachud."

2. Accordingly, the petition has been taken on Board on urgent mentioning by Ms Vrinda Grover. The learned Solicitor General who was present in court was requested to assist.

3. Ms Grover has tendered a statement of various FIRs which have been registered against the petitioner. The grievance is that multiple FIRs are being registered on essentially the same subject matter in different police stations.

4. The subject matter of the present proceedings under Article 32 of the Constitution arises from five FIRs lodged against the petitioner, the details of which are extracted below:

    (a) FIR No 502/2021, dt. 15.06.2021, PS Loni Border, District Ghaziabad u/s 153, 153-A, 295-A, 505, 120-B and 34 of the Indian Penal Code, 1860;

    (b) Case Crime No 199/2021, dt. 24.07.2021, PS Charthawal, Muzaffarnagar u/s 192, 504 and 506 IPC;

    (c) FIR No 511/2021, dt. 18.09.2021, PS Mohamadi, District Lakhimpur, u/s 153-A, 153B/505(1)B and 505(2) IPC;

    (d) FIR No 237/2022, dt. 04.07.2022, PS Hathras Kotwali on a complaint dt. 14.06.2022 u/s 153-A, 295-A, 298 IPC and Section 67 of the IT Act; and

    (e) Case Crime No 286/2022 Hathras, PS Sikandrarao, u/s 147, 149, 153A, 353, 188, 120-B of the Indian Penal Code 1860 and u/s 7 of the CLA Act.

5. The petitioner has been granted regular bail on 15 July 2022 by the Additional Sessions Judge, Patiala House Courts, Delhi in connection with FIR No 172 of 2022 dated 20 June 2022 registered at PS Special Cell, Delhi.

6. The petitioner was directed to be enlarged on interim bail by an order dated 8 July 2022 passed by this Court in connection with FIR No 226 dated 1 June 2022 lodged at PS Khairabad, District Sitapur, Uttar Pradesh for a period of five days. The order has since been extended, pending further orders of this Court.

7. Ms Vrinda Grover has submitted that the petitioner has been directed to be produced before the Court at Hathras in Uttar Pradesh. Learned Counsel submitted that most of the FIRs implicate offences (Sections 153A, 295A and 298 IPC and Section 67 IT Act) which are punishable for up to three years' imprisonment.

8. Since the petition is not on Board today, we direct the Registry to list it on 20 July 2022.

9. In the meantime, we direct that no precipitate steps shall be taken against the petitioner in connection with any of the five FIRs which have been extracted above, without the leave of this Court.

10. Issue notice. Liberty to serve the Standing Counsel for the State of Uttar Pradesh and for the NCT of Delhi in addition.

11. List the Petition on 20 July 2022.

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