The division judge bench of Justice M.R. Shah and Justice Krishna Murari of the Supreme court of India in the case of Navika Kumar Vs Union of India & Ors held that there cannot be two investigating agencies with respect to the same FIRs/complaints arising out of the same incident/occurrence with respect to different co-accused.
BRIEF FACTS
The factual matrix of the case is that the petitioner was the anchor who conducted the Newshour debate telecasted on times now. The FIR/criminal complaint which was filed has been transferred to the IFSO Unit of Delhi Police for the purpose of investigation. Since there cannot be two investigating agencies with respect to the same FIRs or complaints, it is therefore the petitioner's case that a similar order may be passed in the case of the petitioner as well, who is the co-accused in the transferred FIRs/complaints.
COURT’S OBSERVATION
The hon’ble apex court held that the order passed by this Court by which with respect to the aforesaid FIRs/complaints except two FIRs arising out of the same incident/occurrence, namely, Newshour Debate telecasted on times Now, the investigation/s is/are transferred to IFSO unit of Delhi Police. The FIRs/complaints which are transferred to IFSO unit of Delhi Police, in which the petitioner is also a co-accused, there cannot be two investigating agencies with respect to the same FIRs/complaints arising out of the same incident/occurrence with respect to different co-accused. On the aforesaid ground as well as on the ground of parity, the FIRs/complaints, referred to hereinabove, are also required to be transferred to the IFSO unit of Delhi Police so far as the petitioner is concerned about being co-accused.
CASE NAME- Navika Kumar Vs Union of India & Ors
CITATION- WRIT PETITION (CRIMINAL) NO. 286 OF 2022
DATED-23.09.22
CORUM- Justice M.R. Shah and Justice Krishna Murari
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