IMPORTANT POINT
The inherent powers of the High Court under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and secure the ends of justice, allowing legitimate prosecutions to proceed unless the allegations are manifestly false.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. The petitioners feeling aggrieved of FIR No. 06/2021 for offences punishable under Section 153, 505, IPC registered with Police station, Imam Sahib, Shopian, have filed this petition under Section 482 Cr.P.C., seeking quashment of the said FIR. The FIR has been registered with the said Police Station on the basis of written complaint made by Company Commander D-Coy 44 1-Rashtriya Rifles Camp Imam Sahib Shopian. In the complaint they have alleged that the Media out let Kashmiryat and Kashmir Walla have published an article on their news portal by claiming that the army has forced the school authorities of Siraj-ul-Uloom to celebrate Republic parade. The complainant had also alleged that spreading of such kind of fake news is bound to cause serious concern for the security and can create law and order situation.

2. The FIR No. 06/2021 was registered with the Police Station for offences punishable under Section 153, 505 IPC and during the course of investigation, it was found that said article was published by Mr. Mir Junaid of Kashmiryat and Mr. Yashraj Sharma (Kashmir Walla). During the course of investigation as per the status report filed by respondent No. 1, the statement of Mr. Yousuf Matoo, Chairman, Siraj-ul-Uloom, was recorded, wherein he has stated that allegation made against the army were baseless and article published by the aforementioned media out let against the army was found to be fake. The investigation of the case is underway.

3. Respondent No. 2, in his objections to this petition, submits that on 27.01.2021, an article published by Mr. Mir Junaid in Kashmiryat and Mr. Yashraj Sharma in Kashmir Walla about Siraj-ul-Uloom, a private school situated at Imam Sahib, Shopian, stating that the school was pressurized by the Army to hold the 72nd Republic Day function in their school. The article also stated that in presence of Army, the National Flag was unfurled and celebrations of Republic Day was carried out on 26.01.2021. The respondent submit and allege that by making such false publication, they had intended to cause provocation to committed riot and thus have commit offences punishable under Section 153 as well as 505 IPC. The investigation in the case is under way and is yet to be concluded.

4. The main allegation in the report on the basis of which FIR has been registered and which is under investigation, is that a false news was carried by the petitioners with regard to the celebrations of Republic Day in the school Siraj-ul-Uloom and it was alleged in such publication that the school was forced by the Army to celebrate and conduct such function. The complaint is that false accusation regarding use of force for celebrating the Republic Day by the school was alleged against the Army authorities. It is on the basis of said allegation that accused is alleged to have committed offences under Section 153, 505 IPC.

5. The petitioner seeks exercise of inherent powers under Section 482 Cr.P.C. to quash the impugned FIR. Thus, it would be appropriate to say that the scope of Section 482 Cr.P.C. is well defined and inherent powers could be exercised by the High Court to give effect to an order under the Code, to prevent abuse of the process of court; and to otherwise secure the ends of justice. This extraordinary power is to be exercised ex debito justitiae. However, in exercise of such powers, it is not permissible for the High Court to appreciate the evidence as it can only evaluate material documents on record to the extent of its prima facie satisfaction about existence of sufficient ground for proceedings against accused and the court cannot look into materials, acceptability of which is essentially a matter for trial.

6. The judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C., if answer to all the steps, as enumerated herein after, is in affirmative, has been so said by the Suprem