"FIR U/S 411, 413 IPC Malafide": Allahabad HC Stays Arrest Of 2 Journalists Who Posted About Cop's Misconduct On Social Media

The Allahabad High Court today stayed the arrest of 2 Journalists booked under sections 411 and 413 of IPC by making a prima-facie observation that the impugned Firs Information Report is malafide.

Essentially, the Court was dealing with the plea of two journalists working with Pranam Mamrabhumi Hindi Newspaper, against whom a First Information Report has been lodged for 'Dishonestly receiving stolen property (Section 411) and for 'Habitually dealing in stolen property (Section 413).

It was their contention before the Bench of Justice Devendra Kumar Upadhyaya and Justice Shamim Ahmed that the FIR had been registered against them for malafide reasons as they had posted a news item regarding alleged misconduct of respondent No.4 (Sub-Inspector, UP Police) on Social Media.

They further claimed that the only allegation in the impugned First Information Report is that the petitioners have been giving information to the persons of the houses where theft could be committed.

Against this backdrop, the Court directed that the petitioners shall not be arrested in connection with the aforesaid impugned First Information Report, till the next date of listing.

Observing that prima facie the FIR is malafide, the Court observed thus:

"When we peruse the impugned First Information Report and also the record available before us, what we find is that both the petitioners are working as journalists with a newspaper and that from a perusal of Annexure No.3, it appears that some news regarding alleged misconduct on the part of the complainant/respondent No.4, who is Sub-Inspector, was broadcasted on some social media that prima-facie petitioners have been roped in falsely in this case."

Further, the Court directed that the investigation of the impugned First Information Report be conducted by an Investigating Officer not posted in Police Station Thakurganj but by an Investigating Officer to be appointed by the Commissioner of Police, Lucknow belonging to the Police Station other than the Police Station Thakurganj.

The Court also directed that the investigation of the impugned First Information Report shall be conducted under the direct supervision of the Commissioner of Police, Lucknow, who shall regularly monitor the same.

Case title - Smt. Deepmala Dubey & Anr. v. State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors

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