The Allahabad High Court, in a petition filed seeking the quashing of a chargesheet against a journalist and a newspaper distributor accused of blackmailing the common man by taking photographs and printing the material in the newspapers against innocent persons, observed that the State Machinery should cancel the licenses of journalists who are involved in anti-social activities like blackmailing the common man to get financial benefits in the garb of their licenses.
Brief Facts:
The present application was filed by the applicants, a journalist and a newspaper distributor seeking quashing of summoning order and chargesheet in a case filed under Sections 384/352/504/505 IPC, 3(2)(Va), and 3(1) (S) SC/ST Act. It was alleged that the applicants were involved in blackmailing the common man by taking photographs and printing the material in the newspapers against innocent persons.
Contentions of the Appellant:
The learned counsel appearing on behalf of the petitioner submitted that the applicants are innocent and they have been implicated in a false and fabricated case. The alleged F.I.R. against the applicants has been lodged with a delay of 15 days. The police had submitted the charge sheet without proper investigation and without inquiring about the real facts of the case. It is further stated that mere perusal of the first Information report and statements of the witness shows that no case Under Sections 384/352/504/505 IPC and 3 (2) 5a & 3(1) (S) SC/ST Act is made out against the applicants. The applicants who committed any offence are made out and the Police have acted in a routine manner and the learned Magistrate has also not applied his judicial mind while passing the cognizance and summoning order.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent submitted that from the perusal of the chargesheet and cognizance order, prima facie, cognizable offence is made out and counsel for the applicant failed to demonstrate anything, which goes in favour of the applicants. Provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the I.P.C. are also attracted in the facts of the present case. Even the valid licence of Journalist issued to the applicant by the State Information Department has not been annexed with the petition, so it appears that the applicants are involved in such activities to blackmail the common man by taking photograph and by printing the material in the newspapers against the innocent persons.
Observations of the court:
The court after going through the material on record stated that the impugned summoning order as well as the chargesheet and the cognizance order filed against the applicants are perfectly just and legal. Prima facie cognizable offence is made out against the applicants under the Sections of I.P.C. as well as under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Further the court observed that the matter is very serious and the State Machinery should take cognizance of the same and cancel the licence of such Journalists, if they are found operating in such type of antisocial activities in the garb of their licence and there are machinery with the State Government which is capable to stop such type of activities which is being operated in case, if the case is found to be true. In the present case, the applicant, who claims to be the Journalist in the news-paper, namely, Swatantra Bharat is not able to show any document that he is recognized by the said newspaper and even after query made by this court the applicants and their counsel fails to show any such paper.
The decision of the Court:
The court dismissed the petition.
Case Title: Puneet Mishra Alias Puneet Kumar Mishra And Anr. vs State of U.P. and Anr.
Coram: Hon’ble Mr. Justice Shamim Ahmed
Case No.: APPLICATION U/S 482 No. - 4716 of 2024
Advocate for the Petitioner: Rajat Pratap Singh, Prashant Singh Chauhan
Advocate for the Respondent: G.A.
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