Legal Matter Progressive (Ex 2)

By way of instant petition, the petitioner seeks quashing of order dated 28 May 2018 passed by Judicial Magistrate has accepted the untraceable report submitted by the police without issuing any notice to the complainant/petitioner and also seek for transferring the investigation to the C.B.I. The brief facts leading to the controversy involved in the instant petition, as averred are that on FIR under Section 469 of the Information Technology Act, 2000 and came to be lodged complaint against the Editor-in-Chief of the News Nation, News 24 and India News, including its Executive President, Senior Executive Editor and certain unknown persons at Police Station, Gurgaon, on the statement of the petitioner.

It was alleged therein that on a religious guru had visited the petitioner's house and had blessed his family, including his 10 years old daughter. On this occasion, one of the devotees had shot a video. However, on 12 December 2013, when the petitioner was present at home, he saw that News Nation Channel was telecasting a video clip showing hand moving all over the body of his Daughter. It was alleged that in fact, while blessing his Daughter had placed his hand on her shoulder, but the said video was tampered in such a way intentionally to bring disgrace to the whole family of the petitioner. It was also alleged that petitioner's wife Shilpi was shown as a mastermind of the racket and their faces were not blurred. 80 It was alleged that after the telecast of this video, the neighbours and relatives started commenting against the petitioner's whole family, which deeply hurt their religious feelings. Even the students in the school passed comments upon the Daughter of the petitioner on account of which she suffered extreme mental agony.

Since the FIR was transferred to Police Station, Noida, Uttar Pradesh, therefore, Chief Editor of India News and others moved two separate petitions for quashing the FIR before Allahabad High Court, which were dismissed. It is stated that since Noida Police was not taking any action against the accused in spite of dismissal of quashing therefore, the petitioner filed a writ petition in the Supreme Court, which was dismissed with liberty to the petitioner to file a fresh complaint against the accused persons. Consequently, the petitioner filed a fresh complaint reiterating the same set of allegations as made on the basis of FIR was registered against the accused persons under Sections 469, 80 Protection of Children Offences Act, 2012.

It is alleged that after two years from the registration of the new FIR No. 147, the Investigating Agency had filed an untraceable Report stating that they are not able to find trace the identity of the accused persons. It is further alleged that the police never informed the petitioner about filing of the closure report. However, on the matter being agitated by the petitioner with the help of the FIR was re-opened on 24 July 2017 and was constituted for conducting investigation into the matter, still not satisfied.