Ghaziabad Video: Karnataka HC to shortly begin hearing a plea filed by Manish Maheshwari, an employee of Twitter Communications India Private Ltd challenging notice issued under Section 41A of CrPC.
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Follow this link to find out what happened in Court yesterday:
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https://twitter.com/barandbench/status/1412714191807385600?s=19
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Hearing begins.
Court: Mr Nagesh, why do you seek quashing of notice under S 41A? What grounds?
Nagesh: The notice is issued without jurisdiction, without sanction of law.
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Court: Mr Nagesh, why do you seek quashing of notice under S 41A? What grounds?
Nagesh: The notice is issued without jurisdiction, without sanction of law.
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Nagesh: Please let me take you through section 160. The other day I was saying, every time we read it, we find something new.
Court: We read it in the backdrop of the different facts.
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Court: We read it in the backdrop of the different facts.
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Nagesh reads section 160 of CrPC.
Legal obligation is for a person who resides at a place which is located within the territorial location of the police station. That is the legal obligation: Nagesh
Legal obligation is for a person who resides at a place which is located within the territorial location of the police station. That is the legal obligation: Nagesh
This also has an exception. There is a 2013 Amendment. Even for 160 also, he cannot issue notice to a certain class of persons.
Court: Irrespective of where it is registered?
Nagesh: Yes.
Court: Irrespective of where it is registered?
Nagesh: Yes.
Nagesh: This is a protection under law. Otherwise, they can harass people. I am in Bangalore...
The proverb is "If Mohammed can't go to the mountain, mountain has to go to him.
Let him come to me. I am not interested in hampering the investigation.
The proverb is "If Mohammed can't go to the mountain, mountain has to go to him.
Let him come to me. I am not interested in hampering the investigation.
I said Icannot come personally, so investigate me virtually. But he was not happy. He did not do it because there is a hidden agenda : Nagesh
Nagesh: Court put to me what have I challenged?
The fall-out notice has been challenged.
Nagesh: Court put to me what have I challenged?
The fall-out notice has been challenged.
Does it preclude him to issue a notice under 41A after issuing notice under 160? : Court
Law does not empower him to do so : Nagesh
On the 17th, they say I am a witness because notice issued under 160. No crime registered against me : Nagesh
Law does not empower him to do so : Nagesh
On the 17th, they say I am a witness because notice issued under 160. No crime registered against me : Nagesh
If I do not fit in the classifications as to whom section 41 A notice can be issued, then there is no sanction of law. I would say that : Nagesh
Then I am entitled to invoke jurisdiction of this High Court under Art 226.
Nagesh reads out a judgement of the High Court
Then I am entitled to invoke jurisdiction of this High Court under Art 226.
Nagesh reads out a judgement of the High Court
Nagesh: For me to invoke your lordship jurisdiction are threefold.
- I am resident of Bengaluru
- My office is in Bengaluru
- Notice came to be issued to be my official email Id which is based in Bangalore.
A part of the cause of action arose here, in this State.
- I am resident of Bengaluru
- My office is in Bengaluru
- Notice came to be issued to be my official email Id which is based in Bangalore.
A part of the cause of action arose here, in this State.
That is my submission. I am not sure if milord will accept this submission : Nagesh
We will continue tomorrow, 2:30: Nagesh
Matter adjourned to July 9.
Matter adjourned to July 9.
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