Vijay Gupta vs UT of J&K - 2022 Supreme(J&K) 325

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 325

SANJAY DHAR
Vijay Gupta – Appellant
Versus
UT of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Javaid Hameed.
For the Respondent: Sajad Ashraf.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has challenged FIR No. 47/2013 for offence under 505 of RPC registered with Police Station, Shaheed Gunj, Srinagar.

2. As per the impugned FIR, Daily newspaper ‘Young Bites’ had, in its edition dated 13th July, 2013 on page (7), published a news item under the caption “grenade blast kills four tourists in Kashmir hotel, four women injured.” As per the impugned FIR, the said news item was published in the newspaper with an intention to create scare amongst the tourists planning to visit Kashmir Valley.

3. The petitioner, who happens to be the owner-cum-Managing Director of the newspaper Young Bites, has challenged the impugned FIR on the grounds that the allegations made therein do not make out any offence against him; that a corrigendum in respect of the subject news item had been issued in the same newspaper on first page in its daily edition, dated 14th June, 2013, i.e. on the very next day, but without taking that into account, the impugned FIR has been lodged which is not sustainable in law and that the ingredients of the offence under section 505 of RPC are not made out from the allegations made in the impugned FIR.

4. Response to the pe

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