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Inordinate delay in filing FIR would need preliminary enquiry: Calcutta HC

Team SoOLEGAL 11 Aug 2020 3:16pm

Inordinate delay in filing FIR would need preliminary enquiry: Calcutta HC

On August 10, 2020 Calcutta High Court held that, excessive delay in filing First Information Report would lead to enquiry prior to arrest and investigation. A petition has been filed by the relatives of the owners of an online news media stating to put down false cases which has been registered against the owners of the news portal.

The petitioner stated that the owners of the news portal were arrested after publishing some controversial and intolerable news on the portal. The owners were arrested and kept under ‘protracted detention’.

The Court was of the view that the FIR against the owners of the news portal was filed after an excessive delay and a proper reason of this delay was also not given.

The Court stated that the police officials had immediately arrested the accused person and registered the FIR very lately and without giving any proper reason. The Court also stated that a proper enquiry must be there as to why the FIR has been filed so lately and in an excessive delay.

“Strict scrutiny of statutory safeguards relating to powers of arrest and investigation are all the more necessary when it is alleged that State power has been unleashed to silence the voice of dissent”- stated the Calcutta High Court.



Tagged: Calcutta HC   news portal   High Court   FIR  
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