Asif Iqbal Naik – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. The instant petition has been filed by the petitioner under section 561-A Cr.P.C (Now 482 Cr.P.C) for quashing the FIR bearing No. 117/2018 dated 12.05.2018 registered by Police Station, Kishtwar for commission of offences under sections 500, 504 & 505 RPC.
2. It is stated in the petition that the petitioner is a reputed journalist and associated with Early Times Newspaper, Jammu and Kashmir, as also with Times Now English News Channel and has broken down various stories of national importance. It is further stated that the petitioner had published a story in the Newspaper “Early Times” in its edition of 19th April, 2018 and in the said report the petitioner has also given reference to the YouTube channel and also invited the subscribers to watch video on Early Times, YouTube channel, Jammu. The story published by the petitioner bears the heading, "Father of 5 brutally tortured by Kishtwar Police” and the said news item reads as under:
Defamatory news item - publication of the news item on the basis of statement made by the cousin and brother of Akhter Hussain, does not amount to offence under section 499 RPC as the petitioner has ....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
The central legal point established in the given judgment is the requirement to show that the fear or alarm induced a person to commit an offence against the State or public tranquility to establish ....
Point of Law : The word 'Promote' does not imply mere describing and narrating a fact, or giving opinion, criticising the point of view or actions of another person.
Criminal case can be quashed where foundational facts essential to constitute offence are totally lacking from allegations as set out in FIR.
Spreading rumour or alarming news – It must be with intention to create or promote feeling of enmity, hatred or ill will.
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