Thursday, December 8, 2022

What kind of malice are you attributing to investigating agency, asks Supreme Court in a plea against multiple FIRs

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The Supreme Court has asked a couple against whom multiple FIRs get registered in the State of Uttar Pradesh, to file additional an affidavit on record with regard to their plea seeking transfer of all cases outside the State. 

A bench of Justices L. Nageswara Rao and Justice B.R. Gavai to mention every plea taken by the petitioner before court must be written in the petition itself.

The Court has directed the petitioner to file additional affidavit with the complete facts and circumstances presented and every prayer made before the court including plea to transfer the cases.

Senior Advocate, Maninder Singh appearing on behalf of the petitioner has submitted before the Court that the petitioner no. 2/Sumit Yadav is running a security services and he has nothing to do with dry fruits business. 

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On the other hand petitioner no 1/Sunita Negi is his Fiancée to whom he was going to marry when he was arrested. She also has nothing to do with the dry fruit or even the security business. His fiancée was too get arrested and Incarcerated in jail for seven months. 

As per the Supreme Courts previous order she was granted interim-bail. The Court had noted that prima facie she was not involved in all these offences. 

During the hearing the Senior Counsel further submitted that, something happened on the very day when the first FIR was registered against them for non payment of amounts in the commercial trade of dry fruits. The point to mention here is the FIR is registered at the 11:44 in the night. This is in itself somehow fishy that someone has registered a FIR against a person in a civil matter for non payment of Rs. 70 lacs at this much of late i.e. almost in midnight. Not only this, suddenly after that day 11 more FIR’s were registered including a gangster FIR under the UP Gangster Act for non payment of amount for supply of dry fruits. 

The Court has asked the petitioner to go to the High Court filing a Writ Petition for the relief they have sought from the Apex Court.

Replying the Court, the petitioner has submitted that he is seeking transfer of all aforesaid cases outside Uttar Pradesh. This is a classic case of harassment to citizen for having some issues with the police officer. All these 12 cases are after that one incident only.

“What kind of malice you are attributing to the investigating agency”… asked Justice Rao. 

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Mr Maninder Singh has replied the Court that, on the very day there was an accident with the petitioner’s car and the car of the gentleman who had filed an affidavit in the present case. And that turned into 12 FIRs. 

He further submitted that, In the entire case not even a single person came out saying he has any problem of non payment. 

The Court observing that the plea taken by the petitioner not being in the petition suggested the petitioner to file an additional affidavit clearly mentioning that the petitioner has apprehension that he might not get justice there and he is seeking transfer. 

The Court directed to list this matter after 2 weeks.

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