Rajasthan HC Grants Interim Protection From Arrest To News 18 Journalist Aman Chopra Over His Tweets Which Allegedly 'Resulted In Communal Riots In Alwar'

Justice Birendra Kumar, observed,

"Since the subsequent FIRs for same cause of action and their investigation are itself not sustainable/permissible, in view of the judgments of the Supreme Court (supra), there is no question that petitioner need not get protection from being arrested in these cases.

As such, the petitioner shall not be arrested in FIR No. 372/2022, registered with Police Station Kotwali, Alwar and FIR No. 200/2022 registered with Police Station Sadar, Bundi, till further order."

The petitioner submitted that for the same act, three FIRs were registered. First FIR was registered with Police Station Bichwada Dungarpur vide FIR No. 147/2022 on 23.04.2022 and second FIR was registered with Police Station Sadar, Bundi vide FIR No. 200/2022 on 23.04.2022 itself and third FIR was instituted with Police Station Kotwali, Alwar vide FIR No. 372/2022 on 24.04.2022. It was submitted that criminal investigation of subsequent two FIRs must not be allowed to proceed with as lodged maliciously just to harass the petitioner.

The petitioner prayed for interim protection from arrest. The petitioner also placed reliance on the Apex Court's decisions in T.T. Antony Vs. State of Kerala & Ors. [(2001) 6 SCC 181], Babu Bhai Vs. State of Gujarat & Ors. [(2010) 12 SCC 254] and Arnab Ranjan Goswami Vs. Union of India & Ors. [(2020) 14 SCC 12].

Additional Advocate General opposed the prayer for interim protection to the petitioner on the ground that interim protection of arrest should not be allowed while exercising jurisdiction under Section 482 Cr.P.C.

The court further observed,

"Issue notice to the informant/respondents, through both the process. If the requisites of notice is filed in course of the day, the rule be made returnable within two weeks. Learned Public Prosecutor accepts notice on behalf of the State-respondents. He shall file reply to the petition within two weeks."

Counsels for the Petitioner: Mr. V.R. Bajwa, Sr. Adv. assisted by Mr. Achintya Kaushik Mr. Bhrigu Sharma Mr. Manish Parmar Mr. Amar Kumar Ms. Mrinal Bharti

Counsels for the Respondents: Mr. R.P. Singh, AAG assisted by Mr. J.S. Sehkhawat Mr. G.S. Ratahore GA Cum AAG Mr. F.R. Meena, PP

Case Title: Aman Chopra v. State Of Rajasthan, Through P.p.

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