"Arguments Have Substance": Allahabad High Court Stays Arrest Of Journalist Booked For Extortion, Forgery

The Allahabad High Court last week 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.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav, prima facie observed that the arguments advanced by the Counsel for the Applicants have some substance and require consideration by this court, therefore, the Court held that a case for interim relief is made out and issued notice to the State of Government of Uttar Pradesh.

Admittedly, 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.

Further, it was argued by the Counsel for the Journalist Dwivedi that previously two First Informations Reports 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.

It was also submitted that the complainant, BJP leader had lodged the instant F.I.R. with concocted facts just to harass the petitioner.

In fact, the petitioner's counsel argued, that the complainant himself posted a post on Facebook on August 14, 2021, about a lady mentioned in the F.I.R. who was allegedly blackmailing him (BJP leader). The petitioner argued that he had no concern with the complainant or the alleged lady whose name has been disclosed in the F.I.R.

Against this backdrop, Journalist Dwivedi sought to quash the F.I.R. registered under Sections 384, 468 I.P.C., and Section 67-A of Information Technology Act, and the matter has now been posted for further hearing after 3 weeks.

Case title - Sharad Kumar Dwivedi v. State Of U.P.Thru.Secy.Home, Lucknow & Ors.

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