FIR Against Shirish Kunder For Alleged Tweet Calling UP CM A Goon: Allahabad HC Calls For 'Fair', 'Impartial' Probe

The Allahabad High Court has directed the Uttar Pradesh Police to expedite the investigation against Bollywood Filmmaker Shirish Kunder in an FIR pertaining to an alleged tweet of Kunder dating back to 2017 calling UP CM Yogi Adityanath a Goon and comparing him with Don Dawood Ibrahim and a Rapist.

The bench of Justice Rajesh Singh Chauhan and Justice Vivek Kumar Singh ordered thus while hearing a criminal writ plea filed by one Amit Kumar Tiwari, who had lodged the FIR against Kunder in the year 2017.

"...this writ petition is disposed of with legitimate expectation that the investigating officer shall conduct and conclude the investigation fairly, impartially and strictly in accordance with law and parties shall cooperate in the investigation," the Bench remarked.

The #AllahabadHighCourt has directed the @Uppolice to expedite the investigation against Bollywood Filmmaker Shirish Kunder (@ShirishKunder) in an FIR pertaining to an alleged tweet of Kunder comparing UP CM Yogi Adityanath (@myogiadityanath) to Don Dawood Ibrahim. pic.twitter.com/NYHXETXQPp

— Live Law (@LiveLawIndia) December 16, 2022

Essentially, the FIR, a copy of which has been accessed by Live Law, alleges that in a tweet, Kunder called UP CM Yogi Adityanath a Goon, compared him with a rapist and Don Dawood Ibrahim, and further, tried to lower down independent agencies like CBI and RBI. FIR has been registered under Section 505(2) I.P.C. and 66 IT Act.

Thereafter, since the investigation in the case did not get over in 5 years, Tiwari moved to the High Court with the following two prayers:

i. Issue a writ, order or direction in nature of mandamus commanding the respondent no. 3 to conclude the investigation and to file a police report under section 173(2) Cr.P.C. in the First Information Report in the case

ii. Issue a writ, order or direction in nature of mandamus commanding the respondent no. 3 to conduct a fair investigation in the Case.

When the Court inquired about the status of the investigation, the AGA, on the basis of instructions, informed that the investigating officer is conducting the investigation strictly in accordance with law fairly and impartially and it is expected that such investigation shall be concluded with expedition subject to cooperation of the parties.

In view of this, directing the probe officer to conduct a 'fair' and 'impartial' probe, the Court disposed of the plea.

Case title - Amit Kumar Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 9394 of 2022]

Case Citation: 2022 LiveLaw (AB) 530

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