The Himachal Pradesh High Court has quashed a defamation complaint against the editor of a newspaper, holding that publication of a news report based on true and undisputed facts, particularly where the complainant's clarification was also sought and published, could not amount to defamation.

The Court observed that the report was based on factually correct information and that the newspaper had subsequently clarified the complainant's position, leaving no basis to continue criminal proceedings against the editor under Sections 501, 502 and 120-B of the IPC.

Justice Sandeep Sharma “Since news item, which is being claimed to be defamatory, was based upon true facts, coupled with the fact that clarification was sought from the complainant and thereafter such clarification was also published in the same newspaper, act of publishing news item by the petitioner cannot be said to be an act of defaming the complainant.”

Background:

The complainant, Praveen Kumar Saini, was elected as Pradhan of Gram Panchayat Sadarpur while serving as a Home Guard. Following allegations by a defeated election candidate that he was ineligible to hold both positions, a news report was published in Divya Himachal stating that he was a Home Guard while serving as Pradhan. The complainant alleged that the publication was defamatory despite his having shown the newspaper a No Objection Certificate permitting him to contest the election.

The complainant subsequently filed a criminal complaint under Sections 501, 502 and 120-B IPC against the newspaper's correspondent, editor and others. The Magistrate issued process and, by order dated March 3, 2023, framed charges against the accused. The editor thereafter approached the High Court seeking quashing of the complaint and the consequential proceedings.

The High Court found that the news report was based on true and undisputed facts, as the complainant was admittedly serving as a Home Guard while holding the post of Pradhan. The Court also noted that the newspaper correspondent had sought the complainant's clarification before publication, and his explanation regarding the No Objection Certificate was subsequently published.

The Court further held that the preliminary evidence did not establish the petitioner's presence at the press conference or any conspiracy to defame the complainant. Accordingly, there was no prima facie basis to proceed against the petitioner under Sections 501 and 120-B IPC.

The High Court therefore concluded that continuation of the criminal proceedings would amount to an abuse of the process of law and quashed the complaint and the order framing charges against the petitioner.

Case Name: Anil Soni v/s Praveen Kumar Saini & Ors.

Case No.: Cr.MMO No.317 of 2023

Date of Decision: 07.08.2026

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