Bench of Justices SS Shinde and GS Kulkarni hears plea filed by Sameet Thakkar (accused of publishing objectionable caricatures against the Uddhav Thackeray Chief Minister of Maharastra) today.
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Adv. Abhinav Chandrachud appearing for Thakkar points out that a fresh FIR is filed with BKC police by same complainant.
Chandrachud seeks directions to the police to not arrest Thakkar as he is going to co-operate with the police and for a copy of the FIR be given to Thakkar.
Chandrachud seeks directions to the police to not arrest Thakkar as he is going to co-operate with the police and for a copy of the FIR be given to Thakkar.
Court notes that Thakkar had previously not co-operated with the police based on records which show there were several notices sent.
Chandrachud points out that as soon as the Court granted him protection from arrest, he appeared before the police station.
Chandrachud points out that as soon as the Court granted him protection from arrest, he appeared before the police station.
Chandrachud adds that Thakkar only left the police station where he was directed to appear, when he was informed that the BKC police will be coming to arrest him.
Court demanded to know why couldn't Thakkar just appear when notice is given, when he receives notice.
Court demanded to know why couldn't Thakkar just appear when notice is given, when he receives notice.
Court: We exercised discretion, and granted him protection, but we see conflicting evidence. Addl. Public Prosecutor Jayesh Yagnik says he ran away, you say he did not run away.
Court asks APP: Where is the new FIR? Isn't he entitled to get a copy?
Court asks APP: Where is the new FIR? Isn't he entitled to get a copy?
APP adds that the police has also issued notice under Section 41A CrPC (appearing before the police)
Court says they will take up the matter at 3 pm today, and directs APP to produce a copy of the FIR and the notice under S.41A.
Court says they will take up the matter at 3 pm today, and directs APP to produce a copy of the FIR and the notice under S.41A.
Court took the matter at 3.45pm.
APP produced a copy of the FIR and asked the Court to issue directions to Thakkar to appear before the Police.
Court recorded APP's statement that no coercive action will be taken.
APP produced a copy of the FIR and asked the Court to issue directions to Thakkar to appear before the Police.
Court recorded APP's statement that no coercive action will be taken.
Chandrachud sought leave to add the copy of the FIR in the petition and appropriately modify the petition.
Leave was granted.
Matter is listed on Monday October 12 at 3 pm.
Leave was granted.
Matter is listed on Monday October 12 at 3 pm.
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