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Poster case criticizing PM, Supreme Court said – FIR cannot be canceled on the request of third party

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The Supreme Court on Friday said it cannot quash an FIR lodged by a third party for pasting posters allegedly criticizing Prime Minister Narendra Modi in connection with the COVID-19 vaccination campaign as it sets a wrong precedent in the criminal law. Will do

Justice D.Y. Chandrachud and Justice MR. Shah’s bench allowed the petitioner, advocate Pradeep Kumar Yadav, to withdraw it, but clarified that the dismissal of the petition would not come in the way of the actual aggrieved person approaching the court to quash the FIR.

The bench said that we cannot quash the FIR on the insistence of a third party. This can be done only in exceptional cases such as the petitioner cannot approach the court or his parents are here, but not at the instance of any third party. This would set a wrong precedent in criminal law.

Yadav said he has filed the details of the case as the Supreme Court had asked for it. Yadav had sought permission to withdraw his PIL, which has been allowed by the court. The top court had on July 19 asked Yadav to bring to its notice the list of cases registered and those arrested for allegedly pasting posters.

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The Supreme Court had said that it cannot order the police not to register an FIR for pasting posters criticizing the Centre’s vaccination policy.

Yadav had filed a petition seeking quashing of the FIR registered by the Delhi Police for pasting posters allegedly criticizing PM Modi in connection with the Kovid-19 vaccination campaign. He had requested the Delhi Police Commissioner not to register any further FIR in connection with the poster/advertisement/brochure etc. related to the vaccination campaign.

The petitioner claimed that at least 25 FIRs were registered and 25 people arrested in connection with the posters pasted in the capital.

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