Truthful Reporting Of FIR Not Defamation: Himachal Pradesh High Court Quashes Complaint Against Journalist

The High Court of Himachal Pradesh has quashed criminal defamation proceedings initiated against a journalist and a local businessman over publication of a news report based on a police complaint, holding that truthful reporting of facts contained in an FIR does not constitute defamation under Section 500 IPC. The Court observed that complaints made before lawful authorities are protected under the exceptions to Section 499 IPC, and fair reporting of such complaints forms part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.Justice Rakesh Kainthla remarked that:“publication of the contents of the F.I.R. does not constitute the commission of an offence punishable under Section 500 of IPC ., especially when the FIR has been lodged by the victim herself. It is only news which has been published, especially when there is no allegation that the news is false.”Background:The complainants, who were priests at the Mata Chintpurni Shrine, alleged that accused Rajesh Kalia had business rivalry with them because their shops were situated opposite his establishment. According to the complaint, Rajesh Kalia had filed false police complaints against them in November and December 2021, and journalist Surinder Sharma subsequently published a news report in the newspaper Una Kesari reproducing those allegations. The complainants asserted that the publication lowered their reputation in society and caused embarrassment after relatives and acquaintances contacted them upon reading the report. After recording preliminary evidence, the trial court summoned the accused for offences under Sections 500 and 120-B IPC. The accused thereafter approached the High Court seeking quashing of the complaint and summoning order.The Court rejected the contention that a joint criminal complaint filed by two persons was not maintainable. It held that there is no prohibition under the Code of Criminal Procedure against filing a joint complaint when the cause of action is common and connected.The High Court held that the journalist who authored the impugned report was a necessary party and the absence of the newspaper editor did not affect the maintainability of the proceedings.The Court held that a complaint made before lawful authorities is protected under the exceptions to Section 499 IPC and cannot by itself amount to criminal defamation. It reiterated that even if allegations in a complaint are later disputed, filing such complaint before lawful authorities does not automatically amount to defamation.The Court emphasised that it is the primary function of the Press to provide comprehensive and correct information, especially when it is brought into the public domain and the freedom of making a true report regarding the affairs that are in the public domain is a right that flows from the freedom of speech. Thus, the Court quashed the complaint as well as the summoning order passed by the trial court.Case Name: Surinder Sharma V/s Parveen Kalia & anotherCase No.: Cr.MMO No.622 & 618 of 2024Date of Decision: 12.05.2026Click Here To Read/Download Order

Truthful Reporting Of FIR Not Defamation: Himachal Pradesh High Court Quashes Complaint Against Journalist

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Truthful Reporting Of FIR Not Defamation: Himachal Pradesh High Court Quashes Complaint Against Journalist

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