GAUTAM P. NAVLAKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has invoked the jurisdiction of this Court under Article 226 of Constitution of India and section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings of FIR bearing CR. No.4 of 2018 registered on 8th January 2018 with Vishrambagh Police Station, Pune qua him.

(2.) The subject FIR was registered on on 8th Janaury 2018 on the basis of complaint of one Tushar Ramesh Damgude, initially for the offence punishable under sections 153A, 505(I) (b), 117 read with section 34 of the Indian Penal Code, 1860 with Vishrambagh Police Station, Pune. On 24th January 2018, investigation of this FIR was transferred to Assistant Commissioner of Police, Swargate in pursuance of the directions given by Commissioner of Police.

(3.) In the backdrop of facts mentioned above, the Petitioner has filed the present writ petition for the reliefs mentioned hereinabove. The Petitioner claims to be a journalist of long standing, associated with the Economic and Political Weekly and other well regarded publications. The Petitioner also claims to be the human right activist for decades and his outspoken views on political issues are claimed to be well within the constitutional guarantee of free speech. The Petitioner also claims that he was called upon by the State to assist in securing the release of officials abducted by the left wing extremists in 2011. The Petitioner further claims that he has been an open critic of left wing extremist violence.