The court ruled that the FIR does not constitute a valid offense under the cited sections, preserving the rights of the parties without adjudicating the merits.

O R D E R

1. This is a petition seeking quashing of FIR No. 280/2024, P.S. Shaheen Bagh dated 30.11.2024 under Section 196/353(2)/61 BNS, 2023 and all proceedings emanating therefrom.

2. As per the FIR, a video was uploaded allegedly causing feeling of enmity and violence in local public.

3. In the present case, the investigation is ongoing and the petitioner is participating in the same.

4. Mr. Sibal, learned Senior Counsel, on instructions, states that the petitioner will continue to participate in the investigation and cooperate with the same.

5. Mr. Sanjay Lao, Standing Counsel (Criminal) states that during the pendency of the investigation, the petitioner shall not be arrested in FIR No. 280/2024 and after investigation, if there is any requirement of custodial interrogation, the respondent shall give a notice in writing of 7 clear days to the petitioner.

6. The statement made by Mr. Sanjay Lao, Standing Counsel (Crl.) is taken on record.

7. The respondent shall ensure that under the garb of investigation, there is no harassment of the petitioner and that the investigation is concluded expeditiously.

8. The petitioner shall not leave the NCT of Delhi without permission from the competent Court in the meantime.

9. With these directions and with consent of parties, the petition is disposed of.

10. Mr. Sibal, learned Senior Counsel states that even if all the contentions of the respondent are accepted, even then no offence is made out to register the FIR under Section 196/353(2)/61 BNS, 2023 .

11. This Court has not adjudicated upon the merits of the controversy raised in the petition and all rights and legal contentions of the parties are left open.

12. List on 20.12.2024 for filing a status report with regard to status of the progress of the investigation. The status report shall be given at least one day in advance.