Kumar Vishwas vs State Of Punjab - 2022 Supreme(P&H) 682

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 682

ANOOP CHITKARA
Kumar Vishwas – Appellant
Versus
State Of Punjab – Respondent

Mr. Randeep Rai, Sr. Advocate and Mr. Chetan Mittal, Sr. Advocate with Mr. Mayank Aggarwal Advocate Ms. Rubina Virmani, Advocates for the petitioner., for the Appellant; Mr. Puneet Bali, Sr. Advocate with Mr. Prashant Manchanda, Addl. Advocate General, Punjab, Mr. Ferry Sofat, Addnl. Advocate General Punjab, Mr. H.S. Sitta, Dy. Advocate General, Punjab, and Mr. Vaibhav, Advocate for the State of Punjab Mr. Surjeet Bhadu, Advocate for the complainant/respondent no.2., for the Respondent

JUDGMENT

Anoop Chitkara, J. - Aggrieved on being arraigned as an accused in the FIR captioned above, the petitioner has come up before this court under section 482 of the Code of Criminal Procedure, 1973 [CrPC], by invoking this court's inherent jurisdiction, seeking to disrupt the criminal proceedings at the inception stage to preserve his fundamental right of free speech, to prevent the abuse of process of law, and to secure the ends of justice, on the grounds that even if all the allegations on their face value are taken to be true and correct, still it would not constitute violation of any of the penal offences incorporated against him; thus, prays to quash the FIR.

FIR No.	Dated	Police Station	Sections
25	12.04.2022	Sadar Rupnagar, District Rupnagar	153, 153A, 505, 505(2), 116, 143, 147, 323, 341, 120B of Indian Penal Code, 1860, [IPC] and 125 of the Representation of Peoples Act, 1951.

2. The trouble sprouted on Feb. 16, 2022, when as per the complaint, the petitioner, during Vidhan Sabha elections, gave a video interview, leveling imputations about the