Soumendu Adhikari vs. Union Of India

ITEM NO.63 COURT NO.5 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition (Criminal) No. 364/2022

SOUMENDU ADHIKARI Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(FOR ADMISSION and IA No.136466/2022-EXEMPTION FROM FILING O.T. and IA No.136464/2022-APPROPRIATE ORDERS/DIRECTIONS and IA No.136463/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 26-09-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s)

Mr. Mukul Rohatgi, Sr. Adv. Ms. Bansuri Swaraj, Adv. Mr. Siddhesh Kotwal, Adv. Mr. Rajdeep Majumdar, Adv. Ms. Manya Hasija, Adv. Ms. Ana Upadhyay, Adv. Mr. Akash Singh, Adv. Mr. Nihar Dharamadhikari, Adv. Mr. Nirnimesh Dube, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Prayer in this petition reads as follows:

"a) Issue a writ in the nature of mandamus or any other writ to the concerned authorities directing nocoercive steps against the Petitioner in FIR(s) no. 46/2022, 262/2022 and 110/2021 registered at PS Contai.

which may be registered/entertained in future; c) To issue an appropriate writ or direction or pass such further orders as this Hon'ble Court may deem fit and proper."

Heard Mr. Mukul Rohatgi, learned senior counsel on behalf of the petitioner.

After having heard the learned senior counsel and considering the matter, we are of the view that we need not entertain this petition under Article 32 of the Constitution of India. We feel that the petitioner should be permitted to approach the High Court. However, at the same time, we feel that the petitioner must be protected against the coercive steps based on FIR Nos. 46/2022, 262/2022 and 110/2021 registered at PS Contai. Accordingly, we decline the jurisdiction under Article 32. The writ petition will stand dismissed.

This will be without prejudice to right of the petitioner to seek all reliefs available to him in proceedings under Article 226 or any other law. However, we direct that for a period of three weeks from today, there will be no coercive steps against the petitioner based on FIR Nos. 46/2022, 262/2022 and 110/2021 at PS Contai.

We, however, make it abundantly clear that this will not impede the investigation being carried out or to be carried out as per law in the aforesaid FIRs.

(NIDHI AHUJA)	(RENU KAPOOR)
AR-cum-PS	ASSISTANT<br>REGISTRAR

2