Table of Contents
Introduction
The controversial TRP manipulation case in which Republic TV led by Arnab Goswami was charge-sheeted by the Mumbai police is being withdrawn by the government. Based on the orders of the government, the public prosecutor for the Mumbai police crime branch has filed an application before the Esplanade court to withdraw the case on the grounds that they don’t see criminal offence in the case and it is considered just regulatory violations.
Section 321 of the Criminal Procedure Code (CrPC)
The application is being moved under section 321 of the Criminal Procedure Code (CrPC). “Based on the orders of the government an application has been moved before the court concerned to withdraw the entire case. The government has power when it reaches the conclusion that the offence alleged is not in the scope of the Indian Penal Code and that there are serious flaws in the investigation carried out earlier.
Arnab Goswami at N M Joshi Police station in 2020.
it will now be the court’s discretion to accept or reject the withdrawal application, but in most cases, the courts go by the application submitted by the prosecutor. “If the court finds serious violation in withdrawal of the case then it would reject the application and proceed with the trial,” said the officer. According to a source, the state government has been examining the much-hyped case of TRP manipulation registered during the Maha Vikas Aaghadi (MVA) regime.
The TRP case was investigated by assistant police inspector Sachin Waze, said to be a close confidante of the then Mumbai police commissioner Param Bir Singh. Both Waze and Singh later courted controversies. Waze was arrested in the Antilia bomb scare case and Singh was named in several cases. It was said that Goswami was targeted by the MVA as he was running anti-government stories that were not based on facts.
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Several spokespersons of MVA had said that Goswami was running an agenda on behalf of BJP to malign the image of MVA. In October 2020, Singh conducted a press conference claiming that TRP ratings are manipulated by the leading news channels including Republic TV headed by Goswami. However, Republic TV was not named as an accused in the FIR.
Section 321 of the Criminal Procedure Code
The plea was moved under section 321 of the Criminal Procedure Code, which enables the public prosecutor or the assistant public prosecutor to withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.
The court will hear the plea on December 28.
The crime branch had arrested more than 12 persons, including Republic TV’s distribution head and owners of two other channels, in connection with the case.