LI Network
Published on: November 17, 2023 at 00:30 IST
In a peculiar turn of events, the Punjab & Haryana High Court has quashed the FIR filed against Mritunjay Kumar, a cameraperson with Times Now Navbharat channel, citing the absence of allegations against him. The charges of rash driving and passing casteist remarks were dismissed by the court, emphasizing the unusual nature of the case.
The incident dates back to May 2023 when Times Now Navbharat reporter Bhawna Gupta, along with cameraman Mritunjay Kumar and driver Parmender, faced charges under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989. Despite the arrests, all accused were granted bail.
Justice Anoop Chitkara, presiding over the case, expressed bewilderment at the arrest of Kumar, stating, “It is strange that despite there being no allegation or involvement of the petitioner, he was arraigned as an accused, and was also arrested, though as per the petitioner’s counsel, he got bail after custody of 4 days.”
During the hearing, the court noted that Mritunjay Kumar, neither the driver nor involved in any verbal abuse, was merely present in the vehicle with co-accused. The court highlighted the distinctiveness of Kumar’s case, leading to its separate consideration.
The plea for quashing the FIR under Section 482 CrPC was filed by Kumar, and the court’s observations came in response to this plea.
The court stated that even if the allegations in the FIR were assumed to be true, no case was made out against Kumar. The court stressed that Kumar’s case differed from that of the other accused, warranting a separate decision.
The prosecution’s case relied on the statement of Gagan, who claimed to belong to the SC/ST community. It alleged that a car, driven by Parminder Singh Rawat and carrying Bhawana Gupta and Kumar, had collided with Gagan, causing injuries. Additionally, Gupta was accused of hurling casteist remarks at Gagan.
The court, upon considering the submissions, noted that Kumar had no role in driving the vehicle and faced no allegations of verbal abuse. It emphasized that, according to the State’s reply, offenses under Sections 279 and 337 IPC were not attributed to Kumar.
In light of these findings, the court concluded that the continuation of criminal proceedings against Kumar would amount to an abuse of the legal process. Invoking its inherent jurisdiction under Section 482 CrPC, the court quashed the FIR and all subsequent proceedings against Mritunjay Kumar.
The petition filed for quashing the FIR against Bhawna Gupta remains pending, scheduled for further argument on November 28.
Title: Mritunjay Kumar v. State of Punjab & another
