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REVATI MOHITE DERE, MANJUSHA DESHPANDE
Central Bureau of Investigation, Head of Branch, CBI, Lodhi Road, New Delhi – Appellant
Versus
Netflix Entertainment Services India LLP – Respondent
Headnote: Read headnote
ORDER :
Revati Mohite Dere, J.
1. By this petition, preferred by the petitioner-CBI under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code, the petitioner seeks stay to the release of the docuseries titled “The Indrani Mukerjea Story:Buried Truth”, teasers/trailers in respect of the said docuseries and any other promotional information in any other form on the Over the Top platform of respondent No.1-Netflix Entertainment Services India LLP or any other media outlet by the respondent No.1, till the conclusion of the ongoing trial in SPL. Case CBI No. 117/2015 & SPL. Case CBI No.9/2016.
2. Mr. Vyas, learned ASG submitted that it is imperative to stay the docuseries, inasmuch as, what would emerge from the said docuseries would build a perception in the minds of the people and as such the credibility of witnesses would be questioned. He submitted that even the rights of other witnesses as well as other co-accused would be jeopardized, if the docuseries is permitted to be aired. He submitted that the docuseries will result in seriously prejudicing the admin
Public perception cannot be a ground for staying the release of a docuseries, and judges decide cases based on evidence, not public perception.
Interim injunctions must consider the prima facie case and balance of convenience, especially where prior rights and public airing exist.
Directing an accused to give a voice sample during process of investigation for comparison, would not fall within vice of Article 20(3) as they are only materials for comparison in order to lend assu....
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 ....
The main legal point established in the judgment is that the Petitioner had available statutory remedies under CPC for seeking vacation of the ad-interim orders dated 17.08.2023 and 18.08.2023, and t....
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