#BombayHighCourt is hearing the plea filed by Sunaina Holey, accused of putting out offensive tweets against the Chief Minister of Maharashtra Uddhav Thackeray, seeking quashing of the FIR.
@SunainaHoley
@OfficeofUT
@CMOMaharashtra
@SunainaHoley
@OfficeofUT
@CMOMaharashtra
Bench of Justices SS Shinde and MS Karnik are hearing the matter.
Adv Abhinav Chandrachud on behalf of @SunainaHoley begins his submission.
APP JP Yagnik points out to the Court that the investigation report is awaited and requests for adjournment.
Adv Abhinav Chandrachud on behalf of @SunainaHoley begins his submission.
APP JP Yagnik points out to the Court that the investigation report is awaited and requests for adjournment.
HC: We have fixed matters everyday, you can’t just come and seek for adjournment like that.
They however grant adjournment to the State by way of a last chance.
Chandrachud apprehends that the chargesheet may be filed by the Mumbai Police in the meantime.
They however grant adjournment to the State by way of a last chance.
Chandrachud apprehends that the chargesheet may be filed by the Mumbai Police in the meantime.
HC (to APP): Contention of the Petitioner is for quashing of the FIR.
You have to assist the Court on the issue as to whether the FIR can be quashed at a stage where the investigation is at a comparatively advanced stage.
You have to assist the Court on the issue as to whether the FIR can be quashed at a stage where the investigation is at a comparatively advanced stage.
HC (to APP): Just satisfy us on the point that the FIR quashing cannot happen only on the basis of the contents of the FIR.
Substantiate your statement that “FIR is not an encyclopaedia”.
Substantiate your statement that “FIR is not an encyclopaedia”.
HC: The petitioners argument is if the contents of the FIR does not disclose a cognizable offence then the FIR has to be quashed.
Yagnik: We will satisfy the Court milord.
HC: Has the petitioner appeared?
Yagnik: We will satisfy the Court milord.
HC: Has the petitioner appeared?
Yagnik: Yes, the Petitioner (Holey) has appeared and even tendered her mobile phone for investigation.
HC: Ok, then we will hear your matter on December 1.
Chandrachud will take 25-30 mins and you also take the same time.
Give us your written arguments before the hearing.
HC: Ok, then we will hear your matter on December 1.
Chandrachud will take 25-30 mins and you also take the same time.
Give us your written arguments before the hearing.
Hearing ended.
Matter adjourned to December 1, 2020.
Matter adjourned to December 1, 2020.
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