38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Defamation proceedings against Dainik Jagran Editor quashed by Allahabad High Court; Finds NO Positive Allegations

By LawStreet News Network      28 March, 2022 07:53 PM      0 Comments
Dainik Jagran Editor Allahabad High Court Defamation

The Allahabad High Court has quashed the summoning order against Editor of Dainik Jagran, for an article that was contested to be defamatory in nature. Dainik Jagran is a daily newspaper published in India, which has an enormous outreach. 

The respondent in this case filed a complaint with the concerned Magistrate under Section 500 Indian Penal Code, 1860, alleging that a news item was published in the Bareilly edition of Dainik Jagaran , alleging defamatory and malicious imputation against the complainant, and that the accused persons had acted to defame him as a result of the said publication. It was also claimed that a case for attempted murder and assault had been filed, despite the fact that he and his brother are well-known and respected individuals who have never been engaged in any criminal matter. 

The applicant's counsel argued that the Editor-in-Chief is not accountable for day-to-day reporting in local editions, which is done under the supervision and expertise of editors and local reporters. He claimed that the applicant had no knowledge of the reports published in the local edition and could not have been charged as an accused because there were no specific allegations against him. He also claimed that the Magistrate was not justified in summoning him because there were no positive allegations against him.

The learned Magistrate further neglected to consider that one of the complainant's witnesses is his biological brother, while the other is a close cousin, and there is no independent witness.

It was further argued that because there was no purpose to harm the other party's image in this case, Section 500 of the IPC, 1860 was not relevant. The applicant has no personal animosity towards the other party. He claimed that the summoning order was issued against the applicant without the application of judicial thought and without providing any cause, and that it was an abuse of the court's and law's procedure. He cited K.M. Mathew vs. State of Kerala & ANR, 1991 Latest Caselaw 301 SC, Jaibrat Roy Chief Editor Rashtriya Sahara vs. State of Uttar Pradesh, Vivek Goenka vs. State of Maharashtra, and other cases.

On the other side, learned AGA said that the news item published in the daily newspaper was based on completely false facts, as evidenced by the police report. It was also claimed that the news item was based on incorrect information in order to bring the complainant and his family into shame. The Court recognised right away that the complaint makes no specific allegations about the petitioner. It said that because the petitioner is Editor-in-Chief, the legal bar will apply to him in the absence of specific complaints against him.

The Court accordingly allowed the petition under Section-482 CrPC, 1973, and quashed the defamation proceedings. 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email