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Allahabad HC stays arrest of journalists in police diesel theft case [Read Order]

By Saket Sourav      29 August, 2024 05:38 PM      0 Comments
Allahabad HC stays arrest of journalists in police diesel theft case

Allahabad: The Allahabad High Court has issued a significant order staying the arrest of two journalists who reported on alleged diesel theft from police vehicles, while also directing a high-level inquiry into the matter.

A Division Bench comprising Justices Vivek Kumar Birla and Arun Kumar Singh Deshwal heard a criminal miscellaneous writ petition filed by Anshu Gupta and another individual, seeking to quash an FIR filed against them.

The court noted that the petitioners, reporters for the Dainik Bharat Connect newspaper, had published a report on diesel theft from police jeeps, supported by video and photographic evidence. Subsequently, police personnel filed an FIR against the journalists.

Rejecting the immediate arrest of the petitioners, the court held, “Till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., the arrest of the petitioners, pursuant to the aforesaid impugned first information report, shall remain stayed, provided they cooperate in the investigation.”

The court further directed a high-level inquiry into the matter, stating, “Learned A.G.A. is directed to send a copy of this order along with the copy of the writ petition to the Director General of Police, Uttar Pradesh, for making inquiries at his end into the allegations leveled in the newspaper and the correctness of the first information report lodged against the petitioners as well, and an affidavit to that effect shall be filed stating therein the status of the investigation in the inquiries that may be directed to be conducted by the Additional Director General of Police, concerned.”

Expressing its view on the need for further investigation, the court stated, “The matter requires consideration.”

The court directed all respondents to file counter-affidavit.

 

[Read Order]



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Saket Sourav is a student at National Law University and Judicial Academy Assam.



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