Punjab Police FIR Against Times Now Navbharat Cameraman 'Strange' : P&H High Court Quashes Case For Alleged Rash Driving, Casteist Remarks

Observing it is strange that despite "there being no allegations" against petitioner, he was arrested, the Punjab & Haryana High Court today, has quashed FIR lodged for rash driving and passing casteist remarks, against Mritunjay Kumar,  a cameraperson of Times Now Navbharat channel.

In May 2023, Times Now Navbharat reporter Bhawna Gupta along with the cameraman Kumar and driver Parmender were arrested under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989. However, all the accused were granted Bail.

Justice Anoop Chitkara noted that, "Counsel for the parties did not dispute the factum that the petitioner - Mritunjay Kumar was neither a driver of the vehicle nor had hurled any abuses. He was merely present in the vehicle along with co-accused and had no role to play. Even if the entire allegations as per the contents of the FIR are accepted to be true on its face value, still no case is made out against the petitioner - Mritunjay Kumar. His case is different from the other accused and as such, it is being decided separately."

These observations came in response to the plea for quashing of the FIR under Section 482 CrPC filed by Kumar. 

According to Prosecution, the case was based on the statement made by one Gagan who stated to belong from SC/ST community. It was alleged that a car driven by Parminder Singh Rawat in which Bhawana Gupta and Kumar was sitting had rammed Gagan due to which she suffered injuries. Also, Gupta hurled casteist remarks against Gagan, stated the FIR.

Considering the submissions the Court noted that, Kumar was neither the driver nor there are any allegations of hurling any abuses.

Perusing the reply filed by the State, the Court noted that, "it remains undisputed that the petitioner - Mritunjay Kumar did not hurl the alleged abuses, which according to the prosecution made out an offence under Section 3(1)(r) and 3(1)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989 (for short, “the SC/ST POA Act”)."

It also remains undisputed that the petitioner was not driving the vehicle. Even the State, on instructions from the investigator admits that the offences under Sections 279 and 337 IPC have not been attributed to the petitioner, added the Court.

Justice Chitkara remarked that, "It is strange that despite there being no allegation or involvement of the petitioner, he was arraigned as an accused, and was also arrested, though as per the petitioner’s counsel, he got bail after custody of 4 days."

In the light of the above, the Court concluded that it is a fit case where the continuation of criminal proceedings shall amount to an abuse of the process of law and invoking its inherent jurisdiction under section 482 CrPC the Court quashed the FIR and all subsequent proceedings.

The petition filed for quashing of FIR against Bhawna Gupta is pending and listed for further argument on November 28.

Appearance: R.S. Rai, Sr. Advocate and Chetan Mittal, Sr. Advocate with Advocates Pawan Narang and Mayank Aggarwal for the petitioner.

Citation: 2023 LiveLaw (PH) 235

Title: Mritunjay Kumar v. State of Punjab & another