Jharkhand High Court: Ananda Sen, J., while addressing the instant matter with regard to the application of Section 228A of Penal Code, 1860 and subsequently the provision of defamation expressed that:
“…publishing of newspaper report of facts of lodging of an FIR cannot be said to be defamatory, especially when the FIR has been lodged by the victim herself.”
Through this interlocutory application it was submitted that during the pendency of the case, lower court cancelled the bail bonds of the petitioners, which necessitated the filing of the instant interlocutory application.
The criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure was filed by the petitioners to quash the order taking cognizance by which cognizance of offence under Sections 228 (A)/500/501/34 of the Penal Code, 1860 was been taken by the Judicial Magistrate.
OP 2 had filed a complaint against the petitioners who happen to be the Publisher, Chief Editor, Senior Editor and Resident Editor of a local newspaper and also against the newspaper itself and its publisher alleging therein that a newspaper report was published in the said newspaper with the following heading:
The said report contained that the victim was married and there was some dispute in relation to their residential house. She was subjected to sexual assault.
Complainant lodged a criminal complaint against the petitioners who happen to be the Editor and other officials of the newspaper alleging therein that as a result of the reporting of the FIR and incident, the victim was being harassed daily and sustained mental torture hence the said report amounts to be defamatory in nature.
Lower court on taking cognizance of the above incident issued summons to the petitioners.
Analysis and Decision
Bench noted that the said newspaper as stated above published a report about a lady, who had filed an FIR alleging that she was sexually assaulted after being administered with some narcotics. Though the sum and substance of the FIR was mentioned in the report no identity disclosure of the victim was reported.
Further, the Court added that only because the petitioners were Publisher, Chief Editor, Senior Editor and Resident Editor of the newspaper, they were named as accused.
In the complaint submitted it was nowhere mentioned that the fact reported was false, rather it was admitted that the fact, which was reported was true and the FIR had already been lodged by the victim under Sections 376/328 of the IPC.
In view of the above, Court stated that on perusal of the newspaper report it was found that name of the victim was not disclosed and since nothing was found in the newspaper report, which could suggest that the identity was made known, no application of Section 228 A IPC was made out.
Hence the Court held that in the present case it was a news which was admitted to be not false, thus not amounting to the application of Section 500 or 501 of the Penal Code, 1860.
High Court allowed the present criminal miscellaneous petition in view of the above discussion. [Ashutosh Choubey v. State of Jharkhand, 2019 SCC OnLine Jhar 2484, decided on 24-10-2019]