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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Ashish Dave S/o Shri Mohan Chandra Nagar – Appellant
Versus
State of Rajasthan – Respondent
Please provide the content of the legal document (to be placed within
| Table of Content |
|---|
| 1. freedom of the press is vital. (Para 1) |
| 2. arguments for quashing fir. (Para 2) |
| 3. opposition to fir quash request. (Para 3 , 4 , 5) |
| 4. details of fir and allegations. (Para 6 , 7 , 8) |
| 5. court's observations on legal standards. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. conclusion on fir's validity. (Para 22 , 23 , 24) |
| 7. disposition of the petition. (Para 25) |
ORDER :
1. In the world’s largest democracy, the freedom of speech and expression is the most crucial fundamental right conferred upon the citizens by the Constitution. The media is considered as the fourth pillar of democracy and it plays a vital role in a country’s social, political, economical and international affairs. Thus, it goes without saying that free press is a sine qua non for a democracy to survive and thrive and preserve the ethos of good and transparent governance.
2. Media is the voice of public at large and it plays a huge role in safeguarding the fundamental rights of the citizens. In India, media’s impact is massive- it brings out issues, highlights problem and it can even influence the policy making decisions of the government.
3. The media, be it electronic or print media
The court reaffirmed that an FIR can only be quashed in rare cases where allegations lack substance, emphasizing the duty to allow investigations into claims of criminal conduct.
(1) FIR – Even though FIR need not be an encyclopaedia, it must contain basic facts and allegations constituting commission of cognizable offence(s).(2) Allegation of engaging with external businesse....
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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