No coercive action against accused in Mahua FIR, says HC
Kolkata: Calcutta High Court on Monday directed that no coercive step be taken against Rishi Bagree, who was accused by Trinamool MP Mahua Moitra of allegedly circulating "derogatory" and "sexually suggestive" content on social media, while directing a reply by the state govt. The matter will be heard next on Feb 19.Moitra emailed her complaint to Kotwali PS at 3.25 am on Feb 7. It stated that Bagree had shared some pictures and posts of the MP on X, which were "disrespectful", "derogatory" and "sexually suggestive". The police slapped BNS sections which deal with "fraudulently or dishonestly uses as genuine any document or electronic record", among others.
Bagree moved a single bench of Justice Jay Sengupta seeking quashing of the FIR. His counsel said while Moitra sent her complaint to cops via email, she was required to physically appear before the police and sign the FIR within 72 hours.Bagree's counsel submitted that Moitra did not sign it even after three days of sending the complaint. He alleged that police reached the accused's Noida residence the very next day after the complaint was registered. Bagree, however, did not apply for anticipatory bail.The counsel questioned: "Why did police take such quick action based on just a few screenshots and social media posts?"
Bagree moved a single bench of Justice Jay Sengupta seeking quashing of the FIR. His counsel said while Moitra sent her complaint to cops via email, she was required to physically appear before the police and sign the FIR within 72 hours.Bagree's counsel submitted that Moitra did not sign it even after three days of sending the complaint. He alleged that police reached the accused's Noida residence the very next day after the complaint was registered. Bagree, however, did not apply for anticipatory bail.The counsel questioned: "Why did police take such quick action based on just a few screenshots and social media posts?"
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