Supreme Court: While considering the instant petition filed by head of social media affairs of YSR Congress Party, who alleged that State of Andhra Pradesh and its authorities are misusing Section of (BNS); the Division Bench of Surya Kant and Ujjal Bhuyan, JJ., dismissed the petition without expressing any opinion on the merits of allegations raised by the petitioner. The Court further stayed the arrest of the petitioner for 2 weeks to enable him to approach Andhra Pradesh High Court to seek relief.
The petitioner alleged that multiple FIRs have been registered against him for various offences. It was also claimed that contrary to the legislative intent of tackling serious organised offences through Section 111 of BNS, the said provision is being misused as a tool to stifle the voice of the opposition party.
The respondents contended that petitioner is actively involved in an organised crime, which is a continuing offence. It was further submitted that the petitioner has already approached the High Court of Andhra Pradesh and some of his petitions are pending in which even ad-interim relief has also been granted.
Perusing the matter, the Court observed that the relief sought by the petitioner can be effectively claimed/raised before the High Court in a petition under Article of the read with Section 528 of BNSS (corresponding to Section 482 CrPC). Hence, without expressing any opinion on the case’s merits, the Court granted liberty to the petitioner to approach the High Court.
CASE DETAILS
| Citation: Writ Petition(s)(Criminal) No(s).476/2024 Appellants : S. Bhargav Reddy Respondents : State of Andhra Pradesh | Advocates who appeared in this case For Petitioner(s): Mr. Kapil Sibal, Sr. Adv. Mr. Ponnavolu Sudhakar Reddy, Sr. Adv. Mr. Siddarth Dave, Sr. Adv. Mr. Ramesh Allanki, Adv. Mr. Venkata Raghuvamsy D., AOR Ms. Aruna Gupta, Adv. Mr. Syed Ahmed Nq, Adv. Mr. Alabhya Dhamija, Adv. Ms. Tanisha Kaushal, Adv. Mr. Shreevardhan Dhoot, Adv. For Respondent(s): Mr. Sidharth Luthra, Sr. Adv. Mr. Siddharth Agarwal, Sr. Adv. Mr. Guntur Pramod Kumar, AOR Ms. Prerna Singh, Adv. Mr. Samarth Luthra, Adv. Mr. Anmol Kheta, Adv. Mr. Ayush Shrivastava, Adv. |
CORAM :
Surya Kant, J.
Ujjal Bhuyan, J.
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