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Madhya Pradesh High Court
B.R.Rokade vs Brijpal Singh Chouhan on 13 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:13295
1 MCRC-13440-2009
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
ON THE 13th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 13440 of 2009
B.R.ROKADE
Versus
BRIJPAL SINGH CHOUHAN
Appearance:
Shri Ajay Pal Singh Advocate for the applicant through VC.
None appeared for respondent.
The present petition has been instituted under Section 482 of the Code
of Criminal Procedure, 1973 invoking the inherent jurisdiction of this Court
for quashment of Complaint Case No. 255/2005 pending before the Court of
learned Judicial Magistrate First Class, whereby cognizance has been taken
for offences punishable under Sections 500, 501, 502, 385 and 506 of the
Indian Penal Code.
2. The case of the applicant, as discernible from the pleadings and
documents filed along with the petition, is that he was functioning as Editor
of a daily newspaper and, in the year 2005, certain articles were published
with the avowed object of creating awareness amongst the general public
against blind faith and alleged fraudulent practices of self styled godmen. It
is contended that the publications were general in character, did not name the
complainant nor disclose the address of his Ashram, and were made in
discharge of journalistic duty and in public interest.
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3. It has further been averred that the complainant, claiming to be a
follower of Baba Shaktiputr, instituted a complaint under Section 200
Cr.P.C. alleging that the imputations contained in the articles were directed
against the said Baba and were published with intent to tarnish his
reputation. The complaint also contains allegations that the accused persons
had demanded advertisement from the Ashram and, upon refusal, threatened
to publish defamatory material. The applicant has categorically denied these
allegations.
4. The record reveals that upon presentation of the complaint, the
learned Magistrate examined the complainant and his witnesses on oath in
compliance with Section 200 Cr.P.C. and, being satisfied that sufficient
grounds existed for proceeding, issued process against the accused persons
for the aforesaid offences. The order of cognizance reflects due application
of judicial mind to the material placed before the Court at that stage.
5. The principal contention advanced on behalf of the applicant is that
the allegations, even if accepted in their entirety, do not constitute the
offences alleged and that the criminal proceedings are manifestly attended
with mala fides. It is urged that the articles did not refer to any specific
individual and, therefore, the essential ingredient of defamation, namely
imputation concerning a determinate person, is absent.
6. Before adverting to the rival submissions, it is apposite to
recapitulate the settled legal position governing the exercise of inherent
powers under Section 482 Cr.P.C. In R.P. Kapur v. State of Punjab, AIR
1960 SC 866, the Hon'ble Supreme Court delineated the limited
circumstances in which criminal proceedings may be quashed. The principles
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were exhaustively restated in State of Haryana v. Bhajan Lal, 1992 Supp (1)
SCC 335, wherein illustrative categories were enumerated, emphasizing that
the power is extraordinary and should be exercised sparingly and with
circumspection.
7. It is trite that at the stage of issuance of process, the Magistrate is
required only to ascertain whether the allegations made in the complaint and
the statements recorded in support thereof disclose a prima facie commission
of an offence. The Court does not embark upon a meticulous appreciation of
evidence nor adjudicate upon the probable defence of the accused. The
truthfulness or otherwise of the allegations is a matter to be tested during
trial.
8. Section 499 IPC defines defamation as making or publishing any
imputation concerning any person with intent to harm, or with knowledge or
reason to believe that such imputation will harm, the reputation of such
person. Explanation 2 to the Section clarifies that it may amount to
defamation to make an imputation concerning a company or an association
or collection of persons as such. Thus, even where the imputation is not
explicitly directed against a named individual, the question whether it refers
to a determinate person or body is one of fact to be determined on evidence.
9. The constitutional validity of the offence of criminal defamation
has been upheld in Subramanian Swamy v. Union of India, (2016) 7 SCC
221 , wherein the Hon'ble Supreme Court underscored that the right to
freedom of speech and expression under Article 19(1)(a) is subject to
reasonable restrictions, including defamation under Article 19(2), and that
the right to reputation is an intrinsic facet of the right to life and personal
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liberty under Article 21 of the Constitution.
10. In the case at hand, the complainant has specifically asserted that
the imputations contained in the articles were understood by the followers
and members of the public as referring to Baba Shaktiputr and that the
publication had the effect of lowering his moral and spiritual standing in
society. Whether such understanding was reasonable and whether the
ingredients of Section 499 IPC stand satisfied are matters which necessitate
evidence and cannot be conclusively determined in a petition under Section
482 Cr.P.C.
11. The plea of good faith and public interest sought to be raised by
the applicant falls within the ambit of the Exceptions to Section 499 IPC. It is
well settled that the burden of establishing the applicability of any such
exception lies upon the accused. Such a defence ordinarily involves
examination of intention, due care and caution, and surrounding
circumstances, all of which are factual aspects requiring adjudication at trial.
12. As regards the allegations under Sections 385 and 506 IPC, the
complaint contains categorical assertions of demand for advertisement
coupled with threats of publication of defamatory material. At this
preliminary stage, the Court is not called upon to determine the veracity of
such allegations but only to examine whether they disclose the essential
ingredients of the offences alleged. The complaint, read as a whole, cannot
be said to be inherently improbable or absurd.
13. The argument that the proceedings are actuated by mala fides is
also devoid of substance at this juncture. It is settled law that even if mala
fides are alleged, so long as the complaint discloses commission of an
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offence, the proceedings cannot be quashed solely on that ground. The
criminal law cannot be thwarted at the threshold on speculative assumptions
regarding motive.
14. This Court is mindful that inherent jurisdiction is intended to
prevent abuse of the process of Court or to secure the ends of justice.
However, such power cannot be invoked to short-circuit a prosecution which
is otherwise founded upon allegations disclosing prima facie commission of
cognizable offences. Interference at this stage would amount to pre-empting
a lawful trial and substituting judicial scrutiny for evidentiary assessment.
15. Having regard to the totality of circumstances, the material
placed before the learned Magistrate, and the settled principles governing
exercise of jurisdiction under Section 482 Cr.P.C., this Court is of the
considered opinion that no case is made out for quashment of the complaint
or the order taking cognizance.
16. Consequently, the petition being devoid of merit stands
dismissed.
17. It is, however, clarified that any observations made herein are
confined to the adjudication of the present petition and shall not be construed
as an expression on the merits of the case. The learned trial Court shall
proceed to decide the matter uninfluenced by any observations contained in
this order and strictly in accordance with law.
(HIMANSHU JOSHI)
JUDGE
Hashmi
