The Allahabad High Court recently comprising of a bench of Justice Ramesh Sinha and Justice Saroj Yadav observing that the the arguments advanced by the Counsel for the Applicants have some substance stayed the arrest of a journalist, Sharad Kumar Dwivedi, booked on the charge of Extortion and Forgery on a complaint made by the Vice President of Bhartiya Janta Party in District Hardoi. (Sharad Kumar Dwivedi v. State Of U.P.Thru.Secy.Home, Lucknow & Ors.)
Facts of the case
This writ petition has been filed by the petitioner, Sharad Kumar Dwivedi, to quash F.I.R. registered under Sections 384, 468 I.P.C. and Section 67a of Information Technology Act.
The Journalist had posted a video along with a post on his Facebook account about an incident wherein a fraud lady had called a BJP leader and had recorded the conversation, and thereafter she started blackmailing him.
The Journalist had said in his Facebook post that the matter must be probed, however, as submitted by the Counsel of the Journalist, he was framed by the BJP leader in a case accusing him of running an extortion racket.
Moreover, previously two FIR's were lodged against him just for harassment and because he had filed a Public Interests Litigation regarding the alleged corruption of some leaders of Hardoi.
Contention of the Parties
The counsel for the petitioner submitted that the petitioner is a News Reporter in 'Readers Times News'. He collects news and in the interest of public, publishes them. The complainant has lodged the present F.I.R. with concocted facts just to harass the petitioner.
He futher submitted that in fact the complainant is Vice President of Bhartiya Janta Party in District Hardoi. The complainant himself posted a post on the Facebook on 14.8.2021 about a lady mentioned in the F.I.R. who was allegedly blackmailing him. The petitioner has no concern with the complainant or the alleged lady whose name has been disclosed in the F.I.R.
Courts Observation and Judgment
The bench staying the order remarked, " Each of the respondent is granted two weeks, time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within one week thereafter. List after three weeks.
Till the next date of listing, arrest of the petitioner, Sharad Kumar Dwivedi, pursuant to impugned F.I.R./ Case Crime No.0720 of 2021, under Sections 384, 468 I.P.C. and Section 67a of Information Technology Act, Police Station Kotwali City, District Hardoi, shall remain stayed."
Read Judgment @Latestlaws.com
Share this Document :Picture Source :
