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2020 Supreme(J&K) 469

SANJAY DHAR
Mohammad Salim Pandith – Appellant
Versus
State of J & K – Respondent


Advocates Appeared:
For the Appellant :Salih Pirzada, Advocate
For the Respondents: B.A. Dar, Sr. AAG

JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has filed the instant petition under Section 561-A of the Jammu and Kashmir Criminal Procedure Code seeking quashment of FIR No. 26/2018 registered by Police Station, Kothibagh Srinagar, for offence under Section 505(1)(b) RPC.

2. It appears from the record that associations of some travel agents had lodged a complaint with SHO, P/S Kothibagh, Srinagar, alleging therein that on 03.04.2018 petitioner had published a news item in daily Times of India titled "Stone pelters in J&K now target tourists, four women injured". As per the complaint, the news item is based on false information and malicious intention with a view to disrupt peaceful tourist season and to create an atmosphere of threat amongst citizens of the Country. The complainant went on to allege that the incident reported in the news item had, in fact, not taken place at all. On the basis of this complaint, FIR No. 26/2018 for offence under Section 505(1)(b) of RPC was registered with Police Station, Kothibagh, Srinagar.

3. It is contended in the petition that though the incident of stone pelting on tourists was denied by Police Media Centre but it has, in its media briefing, admitted

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