Friday Storytellers Llp (Formerly Friday Movies And Tv Private Limited) v. The State Of Bihar Through Department Of Special Vigilance Unit, Represented Through Sp

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.85 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- VIGILANCE District- Patna ====================================================== 1.

FRIDAY STORYTELLERS LLP (Formerly Friday Movies and TV private Limited) (Formerly Friday Movies and TV private Limited) 701, Morya Landmark-2, Opp. Indinity Mall, off New Link Road, Andheri (W) Mumbai400053, through its partner Neeraj RamPravesh Pandey @ Ram Pandey, Resident of fifth floor Tarapore Towers, new Link Road, Oshiwara, Andheri West, Mumbai-53 2.

NEERAJ RAMPRAVESH PANDEY @ NEERAJ PANDEY Partner of Friday Storytellers LLp, 701, Morya Landmark-2, Opp. Infinity Mall, Off New Link Road, Andheri (W) Mumbai- 400053, Resident of fifth floor Tarapore Towers, New Link road, Oshiwara, Andheri West Mumbai- 53 3.

SHITAL SUBHASH BHATIA Partner of Friday Storytellers LLp, 701, Morya Landmark-2, Opp. Infinity Mall, Off New Link Road, Andheri (W) Mumbai- 400053, Resident of Flat No.- A- 304, Heritage CHSL, Lokhandwala Complex, Andheri West, Mumbai- 53 ... Petitioners

Versus

1.

The State of Bihar through department of Special Vigilance Unit, represented through SP Special Vigilance Unit, Patna, District- Patna 2.

Superintendent of Police, Special Vigilance Unit, Patna, District- Patna ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Chitranjan Sinha, Sr. Adv. with Mr.Nikhil Singh, Adv.

For the State :

Mr. Seo Shankar Prasad, SC VIII For the SVU :

Rr. Rana Vikram Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and the State.

The present writ petition has been filed for quashing of first information report of S.V.U. Case No. 17 of 2022 registered for the offences under Sections 13(1)(b) read with 13(2) read with 12 of the Prevention of Corruption Act, 1988 and 120(B) and 168 of the Indian Penal Code. The further

2/4 prayer was made for restraining respondents 1 and 2 and its officers and agents in any manner directly or indirectly applying the provisions of the Indian Penal Code and Prevention of Corruption Act to the petitioners and further for seeking a direction to call for the record of cases pending before respondents 1 and 2 pursuing the legality, correctness and otherwise with a prayer to quash or set aside the investigation being undertaken by respondents 1 and 2 in relation to the first information report qua being illegal and contradictory. Counsel for the petitioners submits that the officials of State Vigilance Unit, Patna, are periodically visiting to the petitioners and demanding information which the petitioners are providing. Counsel submits that the petitioners have apprehension that at any time they may be arrested.

Counsel for the State Vigilance Unit present and submits that petitioners are not named in the first information report, but, there are direct connection between the petitioners and the main accused so far as the transactions of money are concerned and in this view of the matter for the purpose of investigation queries and series of informations are required from the petitioners and only for this purpose the officials are visiting.

3/4 Vigilance Unit till date nothing has been found against the petitioners and State Vigilance Unit shall take action against them only when their involvement in the commission of the crime as alleged in the first information report shall earth in future. At this juncture, filing of this case is unnecessary and only on the basis of apprehension the first information report neither be quashed nor investigation may be stopped. After hearing the parties and going through the documents this Court is of the view that under law all persons are legally bound to assist to the investigating authorities. Therefore, the petitioners are legally bound to provide information and documents to the investigating authorities. At this juncture, this Court is not inclined either to quash the first information report or intervene in any manner in the investigation process particularly for the purpose of obtaining information so far as the case is concerned and in this view of the matter this case is hereby disposed off.

Only liberty is granted to the petitioners that till filing of report under Section 173(2) of the Criminal Procedure Code, 1973 the investigating authority shall not take any coercive action against them. It is also directed to the petitioners that they shall file affidavit before the investigating officer that they

4/4 shall neither suppress nor misguide the investigation rather support in every manner to them to ascertain the truth. (Dr. Anshuman, J) Shamshad/- U T