SUPREME COURT OF INDIA
Krishna Murari, Hima Kohli, JJ.
Navika Kumar – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Criminal) No(s). 286 of 2022
Decided On : 08-08-2022
Interim Relief - Coercive Action - Telecast Date 26.05.2022
Fact of the Case:
The court heard the petitioner and the respondent, and directed that no coercive action shall be taken against the petitioner in relation to the telecast dated 26.05.2022 on Times Now.
Finding of the Court:
The court granted interim relief to the petitioner, restraining any coercive action based on the impugned FIR(s)/complaint(s) or future FIR(s)/complaint(s) related to the mentioned telecast.
Issues: Interim Relief, Coercive Action, Impugned FIR(s)/Complaint(s), Future FIR(s)/Complaint(s), Telecast Date
Ratio Decidendi: The court considered the potential harm to the petitioner and granted interim relief to prevent any coercive action until the matter is further examined.
Final Decision: The court directed that no coercive action shall be taken against the petitioner in relation to the telecast dated 26.05.2022 on Times Now as an interim measure.
ORDER
1. Heard Mr. Mukul Rohatgi, learned Senior counsel appearing on behalf of the petitioner as also Ms. Menaka Guruswamy, learned Senior counsel, who appears on behalf of respondent No. 3 - State of West Bengal.
2. Issue notice, returnable within two weeks.
3. Mr. Suhaan Mukerji, learned counsel accepts notice on behalf of respondent No. 3 - State of West Bengal.
4. Liberty is granted to the petitioner to serve the standing counsel for the other respondents.
5. Meanwhile, as an interim measure, it is directed that no coercive action shall be taken against the petitioner pursuant to the impugned FIR(s)/compliant(s) or the FIR(s)/complaint(s) which may be registered/entertained in the future pertaining to the telecast dated 26.05.2022 on Times Now.
Granting interim relief to prevent coercive action based on impugned and future FIR(s)/complaint(s) related to a specific telecast.
The court considered the contents of the FIR and the petitioner's custody, and issued notice returnable on a specific date.
The main legal point established is that the provisions of Section 311 Cr.P.C can be invoked by any person able to show that the evidence of the witness sought to be examined is necessary for a just ....
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 court has the authority to balance the need for investigation with the protection of the petitioner from coercive steps, and can issue orders to ensure a fair process.
The summons for appearance and the authorization for arrest under the CGST Act do not fall within the ambit of the definition of 'Criminal Proceedings', and the court emphasized that the investigatio....
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