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In a plea file by the wife of a Free-press Journalist, Naveen Kumar Chintapandu who runs a YouTube Channel named ‘Q’ News seeking direction against police to refrain from registering further FIRs against her husband, Telangana High Court issued an array of directions to the respondent police.

There have been 35 crimes registered against the journalist allegedly based on the same cause of action.

The bench of Justice K. Lakshman held that if there is more than one crime pending against the journalist in respect of the very same allegation arising out of the same cause of action then the police shall conduct investigation in one crime and treat the other crimes as statements under Section - 162 of the Cr.P.C.

Court also directed that as almost in all cases, the punishment prescribed for the offences alleged therein is seven years and below, therefore, the police should strictly stick to the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar (2014) and the procedure laid down under Section - 41A of the Cr.P.C. failing which will amount to contempt of Court and they will be liable for punishment.

On the issue of multiple FIRs, noting that most of the FIRs in the current year relate to almost same allegations, court observed that this implies that the respondent police are not using the available technology to stop multiple registrations of FIRs.

Court noted that repetition is happening even though the Police have apps called as TSCOP, Crime, Criminal Track Net Work System (CCTNS) and Intra Net Option (INO) which are made to stop such occurrences.

Therefore, court observed, “the respondent police can take steps in accordance with law to avoid registration of multiple crimes and close the same thereafter, as was done in the present case to avoid the blame of vindictive attitude on their part”.

Case in Brief

A case was registered against Naveen on April 22, 2021 by the Chilkalguda Police Station, Hyderabad for the offences under Sections - 387 and 504 of Indian Penal Code on the allegation that he had threatened the de facto complainant, an Astrologer (Sri Lakshmikant Sarma) and demanded an amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only), failing which, he would spread false news about the Astrologer on Social-media Platforms.

Thereafter, a notice under Section - 41A of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) was issued and the journalist complied with the same.

However, Naveen’s wife (the petitioner) alleged that despite the compliance with the notice, the police authorities in connivance with political rivals and complainants registered multiple crimes against her husband based on the same cause of action only to harass him.

The police have registered 35 crimes against the journalist in different police stations for offences under various provisions of Law. The journalist was arrested on August 28, 2021 and since then he’s in jail.

She argued that her husband’s implication in criminal cases was only political witch-hunting and arm twisting to stop him from engaging in the free-press.

Her counsel highlighted that in recent past 8 crimes registered against the journalist, 5 crimes were registered for abusing the Chief Minister of Telangana State and 3 crimes for using derogatory and abusive language against the Inspector of Police, Chilkalguda Police Station with respect to the allegations from very same cause of action.

It was also contended by petitioner wife that the police are not allowing her husband to be released on bail. “If he is released on bail in one case, the police are arresting him in other case on the ground of execution of PT Warrant,” she said.

However, the police argued that the allegations are different, cause of action is different, the complainants and the allegations made therein are different, thus, the registration of multiple FIRs is permissible.

Therefore, hearing arguments of both the parties, court concluded that though Telangana Police’s efforts to adapt ‘friendly police’ attitude as evident in the recent past are appreciable, but, at the same time, they have to refrain from registration of multiple crimes against an individual, like the one in the present case, which will damage their reputation and it will lead to loosing of confidence of the people.

Accordingly, court disposed of the petition issuing several directions to the Police including issuance of instructions to all the Station House Officers to utilize the latest technology / Apps viz., ICJS (Inter-operable Criminal Justice System), CIS (Case Information System); CCTNS, TSCOP and Intranet etc., while registering the crimes and while conducting investigation.

Court also directed the police to not adopt a vindictive attitude towards the journalist and provided safeguard to him by way of directions to the police.

Case Title: Smt. K. Mathamma v. the State of Telangana