An FIR disclosing a cognizable offense cannot be quashed under writ jurisdiction solely on the ground of the complainant's alleged mala fides or extraneous motives, as such factual disputes are to be adjudicated by the Trial Court after investigation.

ORDER

Present petition under Article 226 of Constitution of India has been preferred seeking quashment of FIR No.214 of 2025 dated 02.05.2025 registered as P.S. City Kotwali, District Bhind under Sections 3(5) and 308(2) of BNS.

2. The brief facts of the case are that on 02.05.2025, one Dr. Harmendra Singh Kushwaha submitted a typewritten complaint alleging that on 30.04.2025, at approximately 1:00 PM, the Petitioner (Shashikant Goyal) and another journalist (Pritam Singh) approached him while he was treating

patients at his 'Bhoomi Clinic.'

3. According to the complainant, the Petitioner stated that although the doctor held a BAMS degree, he was practicing allopathy in an unregistered clinic. The Petitioner and Pritam Singh allegedly demanded a monthly payment of Rs. 5,000. Upon the complainant's refusal, the Petitioner purportedly became aggressive, threatening to publish daily reports until the clinic was forced to close. The complainant further alleged that on 01.05.2025, the Petitioner sent him an article regarding the clinic through WhatsApp.

4. Upon receipt of the complaint, SI Suresh Mishra of P.S. Kotwali City, Bhind, found that offenses under Sections 308(2) and 3(5) of the BNS were prima facie made out against the petitioner and another and registered the impugned FIR. Notably, the FIR ostensibly arises following a news report dated 01.05.2025, published in the Bejod Ratna newspaper and authored by the Petitioner, which detailed the illegal operation of the complainant's clinic.

5. The Petitioner seeks the quashing of the impugned FIR on the ground that, on a prima facie appreciation of the FIR and the purported complaint, no offence under Section 308(2) of the BNS is made out, as there was no delivery of valuable property pursuant to any dishonest inducement. Furthermore, the impugned FIR is manifestly attended with mala fides and has been maliciously instituted with the ulterior motive of wreaking vengeance on the Petitioner to spite him due to a personal grudge. The proceedings are intended to have a chilling effect on the profession of

journalism and the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The impugned FIR is, therefore, liable to be quashed based on the principles laid down by the Hon'ble Supreme Court of India in State of Haryana & Ors. vs. Bhajan Lal & Ors., 1992 Supp (1) SCC 335.

6. Counsel for the petitioner submits that petitioner had recently been reporting on illegal sand mining activities in the Chambal River, which are being carried out by sand mafia in connivance with the local police. Displeased with the same, on 01.05.2025, SP Asit Yadav invited the petitioner to have tea with him in his chamber where he along with journalist petitioner - Shashikant Jatav @ Shashikant Goyal and half a dozen other journalists, were stripped down to their undergarments and physically assaulted.

7. It is further submitted that on 04.05.2025, the petitioner and Ms. Warisha Farasat were on their way from Gwalior to Delhi to meet a Member of Parliament to apprise him of their plight. While they were waiting to catch a train to Delhi, they were picked up by one Saurabh Sharma, another journalist, on the pretext of travelling to Delhi by road. However, instead of taking them to Delhi, they were taken to a nearby dhaba where some police officials were waiting. These officials then took them to SP Asit Yadav's bunga