Bombay High Court is hearing plea by BJP leader Kirit Somaiya seeking quashing of his own FIR on the ground that it was not properly recorded and not at his instance.
@KiritSomaiya @MumbaiPolice #BombayHighCourt
@KiritSomaiya @MumbaiPolice #BombayHighCourt
Court: You want to quash your own FiR?
Lawyer from Law Counsellors for Somaiya: At the first instance, the information which I gave is not recorded by the police officer.
Court: These entire prayers then will not come before us.
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Lawyer from Law Counsellors for Somaiya: At the first instance, the information which I gave is not recorded by the police officer.
Court: These entire prayers then will not come before us.
#BombayHighCourt
Court: Quashing of own FIR, transfer to CBI, and then initiate departmental enquiry? What is this?
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#BombayHighCourt
Lawyer: Today some offence had happened…
Court: But you have set the law in motion… Was he injured? Is there anything to see how the FIR was lodged?
APP Sangeeta Shinde: After it was lodged, he refused to sign FIR. They can go before the concerned police officer
Court: But you have set the law in motion… Was he injured? Is there anything to see how the FIR was lodged?
APP Sangeeta Shinde: After it was lodged, he refused to sign FIR. They can go before the concerned police officer
Court: All your prayers are misconceived…
Lawyer: I am trying to lodge an FIR. It is not done on my instructions, but on instructions of superior. This is on first instance, so how can they exoect I will go to same police station?
#BombayHighCourt #kiritsomaiya
Lawyer: I am trying to lodge an FIR. It is not done on my instructions, but on instructions of superior. This is on first instance, so how can they exoect I will go to same police station?
#BombayHighCourt #kiritsomaiya
Court: So have you given something in writing to police? Anything?
Why not record your supplementsry statement and say it is not porpperly reocrded?
#BombayHighCourt
Why not record your supplementsry statement and say it is not porpperly reocrded?
#BombayHighCourt
Lawyer: I have written to them immediately.
Court: When did you tell them? Show us.
APP: He refused to sign first FIR, he again gave a statement which he signed.
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Court: When did you tell them? Show us.
APP: He refused to sign first FIR, he again gave a statement which he signed.
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Court (to APP): Which is treated as FIR? If the earlier statement he is saying is not properly recorded and if it is not signed can you treat it as FIR?
APP reiterates, second submission is treated as statement.
#BombayHighCourt
APP reiterates, second submission is treated as statement.
#BombayHighCourt
Court: Honestly we are saying this day in and day out… crash course should be taken!!
APP shows exh. B which is signed at bottom and there is stamp of concerned police station.
Court: So you are treating it as a statement?
#BombayHighCourt
APP shows exh. B which is signed at bottom and there is stamp of concerned police station.
Court: So you are treating it as a statement?
#BombayHighCourt
Court (to lawyer): What vested interest will police have?
Justice Dere: And firstly please do not raise your voice, do not try and intimidate the court. Is this your handwriting or not? Is this your signature or not?
#BombayHighCourt
Justice Dere: And firstly please do not raise your voice, do not try and intimidate the court. Is this your handwriting or not? Is this your signature or not?
#BombayHighCourt
Lawyer: This is a complaint that I am making that the police are manipulating my statement and not treating it as an FIR. That this is being falsely told to the court that they have recorded my statement.
#BombayHighCourt
#BombayHighCourt
Court: Even if FIR is quashed, what will happen?
Lawyer: I will take my remedy. I will move before the police station and lodge my fir.
Court: FIR is quashed, then you will go and lodge the FIR. So then why not go and record a fresh statement?
Lawyer: I will take my remedy. I will move before the police station and lodge my fir.
Court: FIR is quashed, then you will go and lodge the FIR. So then why not go and record a fresh statement?
Court: what will happen is you lodge, and then we quash your FIR. Then the second FIR you lodge... Look at time, look at delay and then it will be called as politically motivated. You must apply reason and do what is right.
#BombayHighCourt
#BombayHighCourt
Court: Lodge your supplementary statement and say what you want in that. Take instructions.
Lawyer apologises for raising voice.
Court: We don’t like advocates raising their voice. We are not going to be intimidated but we just don’t like.
#BombayHighCourt
Lawyer apologises for raising voice.
Court: We don’t like advocates raising their voice. We are not going to be intimidated but we just don’t like.
#BombayHighCourt
Court: It (volume) also does not depend on which clients you are representing. If you have a good case you need not raise your voice. Look at your earlier voice and look at your voice now. Anyway, we keep it back for 15 mins.
#BombayHighCourt
#BombayHighCourt
Lawyer: The Court may dispose off the plea, I will record my supplementary statement.
Court: Not pressing for other prayers?
Lawyer: I was anyway not going to, the grievance was only that statement was not properly recorded.
#BombayHighCourt
Court: Not pressing for other prayers?
Lawyer: I was anyway not going to, the grievance was only that statement was not properly recorded.
#BombayHighCourt
Order: Heard learned counsel for petitioner in plea for quashing of FIR. The petitioner has sougnt several reliefs. The learned counsel does not press for other prayer clauses.
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#BombayHighCourt
Order: As far as prayer clause ‘a’ is concerned, he seeks quashing of FIR. He submits that quashing is sought on the premise that the statement is not recorded as per his instructions.
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#BombayHighCourt
Order: Learned APP states on instructions of Senior PI that it is always open to the petitioner to record supplementary statement.Learned counsel for petitioner states on instructions in view of this statement he is not pressing for prayer a.
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#BombayHighCourt
Order: and that he will go to police station and record his supplementary statement. Writ petition disposed off.
Lawyer apologises again.
Court: Sometimes volume rises depending on whom you are appearing for and the advocate gets charged up.
#BombayHighCourt
Lawyer apologises again.
Court: Sometimes volume rises depending on whom you are appearing for and the advocate gets charged up.
#BombayHighCourt
Lawyer: The APP was just making incorrect statement.
Court: But there has to be discipline maintained. Especially when someone is talking!
#BombayHighCourt
Court: But there has to be discipline maintained. Especially when someone is talking!
#BombayHighCourt
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