SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(SC) 266

SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Ashish Dave – Appellant
Versus
The State of Rajasthan And Another – Respondents
Criminal Appeal No(s). 1169 of 2026 (Arising out of SLP(Crl.) No(s). 19369 of 2025)
Decided On : 27-02-2026

Advocates appeared:
For the Petitioner(s): Mr. Siddharth Aggarwal, Sr. Adv. Ms. Rukhmini Bobde, Adv. Mr. Ishan Nagar, Adv. Mr. Vinayak Aren, Adv. Mr. Sidhant Saraswat, Adv. Ms. Mugdha, Adv. Mr. Deshmukh Adith Satish, AOR
For the Respondent(s): Mr. S.D Sanjay, A.S.G. Mr. Shiv Mangal Sharma, A.A.G. Ms. Sonali Gaur, Adv. Ms. Nidhi Jaswal, AOR Mr. Sanjay Jain, Sr. Adv. (VC) Mr. Satyam Chaturvedi, Adv. Mr. Vikas Gogne, Adv. Mr. Rahul Tyagi, AOR Mr. Keshav Tomar, Adv. Mr. Ankit Verma, Adv. Mr. Aditya Verma, Adv. Mr. Nishank Tripathi, Adv. Ms. Harshita Sukhija, Adv. Ms. Priya Tyagi, Adv. Ms. Rishika Agrawal, Adv.

IMPORTANT POINTS
(1) FIR – Even though FIR need not be an encyclopaedia, it must contain basic facts and allegations constituting commission of cognizable offence(s).
(2) Allegation of engaging with external businesses in an unethical or coercive manner may give rise to civil liability, but not those under Bharatiya Nyaya Sanhita, 2023.

Headnote:

Bharatiya Nyaya Sanhita, 2023 – Sections 308(2), 318(4) and 351(2) [Corresponding to Sections 384, 420, and 506 of Indian Penal Code, 1860] – Criminal Procedure Code, 1973 – Section 482 [Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023] – Allegations of unauthorised financial dealings and abuse of authority – FIR – Allegations set out in FIR are absolutely vague, and no prudent person can perceive therefrom that same discloses necessary ingredients of any cognizable offence – Complaint, ex facie, discloses no material warranting registration of First Information Report – Exhaustive narrative set out in complaint is nothing but a fictional story woven meticulously on vague and speculative allegations so as to give it a cloak of grave criminal offences attributed to appellant – However, complaint read in its entirety is bereft of even a semblance of allegation laying foundation for these allegations – Even though FIR need not be an encyclopaedia, it must contain basic facts and allegations constituting commission of cognizable offence(s) – In present case, since complainant-company was a reputed media house, onus was greater upon it to clearly set out relevant details and material particulars prima facie establishing alleged criminal acts attributed to appellant – Pertinent plea raised by appellant in quashing petition regarding FIR being bereft of particulars and based on vague and uncertain allegations merited consideration by High Court – Allegation that appellant misrepresented his authority by using name of complainant-company to engage with external businesses in an unethical or coercive manner may give rise to civil liability, but not those under Bharatiya Nyaya Sanhita, 2023 – Police authorities ought to have exercised option available under Section 173(3) of BNSS – Criminal proceedings quashed. (Paras 6, 13, 14, 16, 19, 25, 28 and 29)

Facts of the case:

Facts giving rise to instant appeal by special leave present a glaring example of an influential media house managing to get an FIR registered against one of its own executives after a fall-out with management and that too with vague, speculative, and baseless allegations.

Findings of Court:

Impugned order dated 26th November, 2025 passed by High Court is set aside. As a consequence, FIR No.257 of 2025 dated 4th September, 2025 registered at Police Station Ashok Nagar, District Jaipur City (South), Rajasthan and all proceedings sought to be taken against appellant in pursuance thereof, are quashed.

Result : Appeal allowed.

Judgement Key Points

Key Points: - The Supreme Court held that while an FIR need not be an encyclopaedia, it must contain basic facts and allegations constituting the commission of a cognizable offence. (!) (!) (!) - Allegations of misrepresenting authority to engage in unethical business dealings may give rise to civil liability but do not constitute offences under the Bharatiya Nyaya Sanhita, 2023 without specific details. (!) (!) - The Court quashed the FIR because the allegations were vague, speculative, and lacked particulars, amounting to a fictional story rather than a prima facie case. (!) (!) (!) - Police authorities are required to exercise the option under Section 173(3) of the BNSS to conduct a preliminary inquiry when allegations are vague or inherently improbable. (!) (!) (!) - The High Court erred in dismissing the quashing petition by failing to consider that the FIR was bereft of particulars and based on uncertain allegations. (!) (!) (!) - The Court emphasized that for offences punishable between three to seven years, police must ascertain if a prima facie case exists before registering an FIR. (!) (!) (!) - The impugned order dated 26th November, 2025, rejecting the quashing petition is set aside, and all proceedings against the appellant are quashed. (!) (!) - The complainant-company, being a reputed media house, was under a greater onus to clearly set out relevant details prima facie establishing alleged criminal acts. (!) - The Court noted that the police acted with unusual expediency to register the FIR without verifying allegations or conducting a preliminary inquiry. (!) (!) - The case falls under the categories in State of Haryana v. Bhajan Lal where the allegations are so absurd that no prudent person can conclude there is ground for proceeding. (!) (!)

What are the requirements for an FIR to contain basic facts and allegations constituting a cognizable offence?

What is the legal position regarding the misuse of law to settle personal scores through vague and speculative allegations?

What are the rights of police authorities under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to conduct a preliminary inquiry?


Table of Content
1. background and context of the fir (Para 3 , 4 , 5)
2. vagueness of allegations in the fir (Para 6 , 7 , 8)
3. arguments by the appellant regarding fir (Para 10 , 12)
4. lack of evidence supporting fir (Para 13 , 14 , 16)
5. procedural irregularities in fir registration (Para 17 , 18 , 19 , 21)
6. preliminary inquiry requirements (Para 22 , 24 , 25)
7. misuse of the law (Para 26 , 28)
8. conclusion and quashing of fir (Para 29 , 30 , 31)

ORDER

Mehta, J.

1. Heard.

2. Leave granted.

3. Facts giving rise to the instant appeal by special leave present a glaring example of an influential media house managing to get an FIR registered against one of its own executives after a fall-out with the management and that too with vague, speculative, and baseless allegations.

4. The appellant before us, Ashish Dave, was d serving as the Channel Head of a well-known media house by name of Zee Rajasthan and Zee 24 Ghanta (West Bengal). The said media house is owned by a company named Zee Media Corporation Limited (ZMCL)1 [Hereinafter, referred to as the “complainant-company”]. It appears that relations between the media house and the appellant herein ran into choppy waters in the year 2025, pursuant to which the authorised representative of the company approached Police Station Ashok Nagar, District Jaipur City (South), Rajasthan with a complaint, which straightaway came to be registered as FIR No.257 of 2025 dated 4th September, 2025 for the offences punishable under Sections 308 (2), 318(4) and 351(2) of the Bharatiya Nyaya Sanhita, 20232 [For short, ‘ BNS ’.] (corresponding to Sections 384 , 420, and 506 of the Indian Penal Code, 18603 [For short, ‘ IPC ’] respectively).

5. The complaint is extracted hereinbelow for the sake of ready reference: -

    “We, Zee Media Corporation Limited (ZMCL/ Company) having our Regional office at E-151 Ramesh Marg, -Scheme, Jaipur 302001, through our authorized representative Mr. Sanju Raju, hereby file this criminal complaint against Ashish Dave s/o Sri Mohan Chandra Nagar resident of 33, Durga Vihar Colony, Opposite Ram Mandir, Tonk Road, Jaipur, Rajasthan, who was employed with the company in the capacity of Channel Head - Zee Rajasthan Zee 24 Ghanta working at our Jaipur office. Ashish Dave has been associated with the company since 21.03.2023 and held a senior position overseeing editorial and operational decisions. This complaint is being made on the basis of internal findings and multiple complaints received by the Company, indicating a pattern of unauthorized financial dealings, abuse of authority, and acts done with malafide intent to damage the reputation of the company. The Company has received reports indicating that Ashish Dave has misrepresented his authority and using the name of the Company to engage with external businesses in an unethical and coercive manner. These communications suggest that Mr. Dave purportedly demanded monetary favours from various vendors and entities under the threat of broadcasting negative or damaging news content on the channels owned and operated by the Company. It has recently come to the knowledge of the Company, through multiple third-party complaints and communications, that he has allegedly abused his position and misused the Company's brand and media platform to pursue personal motives and exert undue pressure on external parties. It is specifically stated that Ashish Dave used the Company's news channels to broadcast negative, threatening, or defamatory content in an attempt to pressure others into complying with his personal demands. Pursuant to these threats, negative content has been aired and circulated through the Company’s channels and associated digital platforms, thereby misrepresenting that such broadcasts were authorized and sanctioned by the Company. The Company categorically denies having authorized or endorsed any such actions, and affirms that such alleged conduct, if proven, is entirely personal in nature and in abuse of the authority and reso

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top