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2022 Supreme(MP) 1067

VISHAL MISHRA
Anand Rai – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Vivek Tankha, Senior Counsel With Shri Varun Tankha, Advocate, for the Appellant; Shri Tushar Mehta, Solicitor General With Shri Prashant Singh, Advocate General, Shri Harpreet Ruprah, Additional Advocate General, Shri Bharat Singh, Additional Advocate General And Shri Piyush Jain, Govt. Advocate, Shri Anil Khare, Senior Counsel With Shri Uma Shankar Tiwari, for Respondent No.2

JUDGMENT

1. With the consent of the parties, the matter is being taken up for consideration on the question of admission.

Challenge is being made to FIR dated 27.03.2022 registered at Crime No.2/2022 for offences under Sections 419, 469, 470, 500, 504, 120-B of Indian Penal Code and Section 3 (1)(q), 3 (1) (Da) and Section 3 (2) (va) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station A.J.K., District Bhopal.

2. It is argued that the petitioner is a whistleblower who was instrumental in exposing the Vyapam Scam. It is pointed out that due to persistence of the petitioner, the whole Vyapam Scam was unearthed and later on, it was investigated by the Central Bureau of Investigation. In the present case, the FIR has been registered against the petitioner by the respondent No.2, alleging that he is a public servant and employed in Indian Naval Armament Services (INAS) and currently holding the post of Under Secretary with the State of Madhya Pradesh. It is alleged that the petitioner has defamed the complainant by posting wrong information on the social media and in furtherance to the same, some contents were posted on the Facebook on 26.03.2022

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