HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Ashish Dave S/o Shri Mohan Chandra Nagar – Appellant
Versus
The State of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 5786 of 2025
Decided On : 26-11-2025
Please provide the content of the legal document (to be placed within
| Table of Content |
|---|
| 1. freedom of the press is vital. (Para 1) |
| 2. arguments for quashing fir. (Para 2) |
| 3. opposition to fir quash request. (Para 3 , 4 , 5) |
| 4. details of fir and allegations. (Para 6 , 7 , 8) |
| 5. court's observations on legal standards. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. conclusion on fir's validity. (Para 22 , 23 , 24) |
| 7. disposition of the petition. (Para 25) |
ORDER :
1. In the world’s largest democracy, the freedom of speech and expression is the most crucial fundamental right conferred upon the citizens by the Constitution. The media is considered as the fourth pillar of democracy and it plays a vital role in a country’s social, political, economical and international affairs. Thus, it goes without saying that free press is a sine qua non for a democracy to survive and thrive and preserve the ethos of good and transparent governance.
2. Media is the voice of public at large and it plays a huge role in safeguarding the fundamental rights of the citizens. In India, media’s impact is massive- it brings out issues, highlights problem and it can even influence the policy making decisions of the government.
3. The media, be it electronic or print media, is generally called the fourth pillar of democracy. The media, in all its forms, whether electronic or print, discharges a very onerous duty of keeping the people knowledgeable and informed. The impact of media is far- reaching as it reaches not only the people physically but also influences them mentally. It creates opinions, broadcasts different points of view, brings to the fore wrongs and lapses of the Government and all other governing bodies and is an important tool in restraining corruption and other ill-effects of society. The media ensures that the individual actively participates in the decision-making process. The right to information is fundamental in encouraging the individual to be a part of the governing process. The enactment of the Right to Information Act is the most empowering step in this direction. The role of people in a democracy and that of active debate is essential for the functioning of a vibrant democracy.
4. With this immense power, comes the burden of responsibility. With the huge amount of information that they process, it is the responsibility of the media to ensure that they are not providing the public with information that is factually wrong, biased or simply unverified information.
5. Media is called the “voice of the people” because it serves as a platform for citizens to express their views, opinions and concerns to the government and wider public. It provides a way to spread information, hold those in power accountable and shape public opinion on important issues. However, this role is sometimes compromised by biased reporting or the spread of misinformation.
6. Media professionals are expected to avoid causing undue harm to anyone by way of threat or extortion, etc. This includes refraining from publishing or broadcasting the content, which constitutes harassment or defamation. Media professionals are expected to print and broadcast the true and correct information in the form of news. Media Professionals, Media Houses and Organizations are expected to adhere to core principles of journalism such as truth, accuracy and impartiality. They are not supposed to threaten anyone to extort anything by causing fear or pressure of incorrect reporting. This builds pubic trust and holds the press accountable for the information they disseminate.
FACTS OF THE CASE
1. By way of filing this petition, a prayers has been made to quash the impugned FIR No.257/2025 registered with the Police Station Ashok Nagar, Jaipur City (South) for the offences under Sections 308 (2), 318(4) and 351(2) of the BNS , 2023.
SUBMISSIONS BY COUNSEL FOR THE PETITIONER
2. Learned counsel for the petitioner submits that a bare reading of the contents of the impugned FIR does not reveal commission of any cognizable offence. Counsel submits that as per the
Kaptan Singh Vs. State of U.P. and Ors.
Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra & Ors.
The court reaffirmed that an FIR can only be quashed in rare cases where allegations lack substance, emphasizing the duty to allow investigations into claims of criminal conduct.
(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 businesse....
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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