Punjab and Haryana High Court: In the present case, a petition was filed by petitioner, TV Today Network, for setting aside the order passed by the Judicial Magistrate 1st Class (‘the Magistrate’), whereby a direction was issued to register a non-cognizable case against the TV Today Network for commission of offence under Section 500 of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Tribhuvan Dahiya J. stated that neither the Magistrate had issued any direction under Section 156(3) of the Criminal Procedure Code, 1973 (‘CrPC’) to register an FIR, nor had any been registered. The Court stated that investigation was carried out based on complaint by Respondent 2 disclosing non-cognizable offence against the TV Today Network, and charge sheet had been filed pursuant to directions issued under Section 155(2) of the CrPC. Consequently, the Court dismissed the petition to set aside the defamation case.
Background
In the instant case, a news story on ‘cease and desist notice and to remove/block/disable URL’s and other weblinks pertaining to Gopal Goyal Kumar’ concerning Respondent 2 was issued to Google India Pvt. Ltd. YouTube, Facebook India Online Services Pvt. Ltd. and Twitter Communications India Pvt. Ltd. It wasn’t addressed to the TV Today Network.
Later, a complaint was filed against the TV Today Network alleging criminal conspiracy to defame Respondent 2 and spoil his political and business career. The District Attorney’s report stated that that no cognizable offence was made out based on the allegations in the complaint but prima facie a case of defamation was established.
Thereafter, Respondent 2 made an application under Section 155(2) read with Sections 155(3) and 155(4) of the CrPC before the Magistrate, seeking a direction to the police authorities concerned to investigate into the complaint against the accused for committing offences of criminal as well as to defame the complainant.
The Magistrate directed the Station House Officer concerned to register a non- cognizable case and conduct investigation. Thus, a non-cognizable report (‘NCR’) was registered. The TV Today Network contended that a defamation case recourse to Section 156(3) of the CrPC couldn’t be taken in view of specific bar under Section 199 of the CrPC on lodging of any FIR and consequent investigation by the Police.
Analysis and Decision
The Court held that it was undisputed that the complaint was filed by Respondent 2 which disclosed commission of non-cognizable offence by the TV Today Network. Further, the Court stated that after considering the complaint and other material facts, a direction was issued by the Magistrate under Section 155(2) of the CrPC to register a non-cognizable case and investigate. Consequently, the NCR was registered and upon completion of investigation, the charge sheet was presented before the Magistrate.
Therefore, the Court observed that no exception could be taken to the procedure followed and the investigation carried out after registration of the NCR, as the same was in accordance with the provisions of the CrPC and the Magistrate had the jurisdiction to issue such a direction to investigate a non-cognizable case under Section 155(2) of the CrPC.
The Court stated that it had been held that for offences falling under Chapter XXI, including Sections 499 and 500 of the IPC, no Court was competent to take recourse to Section 156(3) of the CrPC and direct registration of FIR. The Court held that in the case at hand, such a situation did not arise as neither, the Magistrate had issued any direction under Section 156(3) of the CrPC to register an FIR, nor had any been registered. Further, investigation was carried out based on a complaint by Respondent 2 disclosing non-cognizable offence against the TV Today Network, and charge sheet was filed pursuant to directions issued under Section 155(2) of the CrPC.
Thus, the Court dismissed the petition upon finding no merit.
[TV Today Network Ltd. v. State of Haryana, CRM- M No. 3523 of 2025, decided on 6-8-2025]
Advocates who appeared in this case:
For the Petitioners: Hrishikesh Baruah, Advocate, Jasneet Kaur, Advocate
For the Respondents: Tanushree Gupta, Senior Deputy Advocate General, Haryana
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