Trademark Pirates Face Legal Wrath: Delhi HC Enforces Radio Mirchi’s IP Rights Swiftly Madras High Court Upholds Extended Adjudication Period Under Customs Act Amid Allegations of Systemic Lapses Disputes Over Religious Office Will Be Consolidated for Efficient Adjudication, Holds Karnataka High Court Motive Alone, Without Corroborative Evidence, Insufficient for Conviction : High Court Acquits Accused in 1993 Murder Case Himachal Pradesh HC Criticizes State for Delays: Orders Timely Action on Employee Grievances Calls for Pragmatic Approach to Desertion and Cruelty in Divorce Cases: Calcutta High Court Orders Fresh Trial Juvenile Tried as Adult: Bombay High Court Validates JJB Decision, Modifies Sentence to 7 Years Retrospective Application of Amended Rules for Redeployment Declared Invalid: Orissa High Court NDPS Act Leaves No Room for Leniency: HC Requires Substantial Proof of Innocence for Bail No Protection Without Performance: MP High Court Denies Relief Under Section 53A of Transfer of Property Act Delays in processing applications for premature release cannot deprive convicts of interim relief: Karnataka High Court Grants 90-Day Parole Listing All Appeals Arising From A Common Judgment Before The Same Bench Avoids Contradictory Rulings: Full Bench of the Patna High Court. Age Claims in Borderline Cases Demand Scrutiny: Madhya Pradesh HC on Juvenile Justice Act Bishop Garden Not Available for Partition Due to Legal Quietus on Declaration Suit: Madras High Court Exclusion of Certain Heirs Alone Does Not Make a Will Suspicious: Kerala High Court Upholds Validity of Will Proof of Delivery Was Never Requested, Nor Was it a Payment Precondition: Delhi High Court Held Courier Firm Entitled to Payment Despite Non-Delivery Allegations Widowed Daughter Eligible for Compassionate Appointment under BSNL Scheme: Allahabad High Court Brutality of an Offence Does Not Dispense With Legal Proof: Supreme Court Overturns Life Imprisonment of Two Accused Marumakkathayam Law | Partition Is An Act By Which The Nature Of The Property Is Changed, Reflecting An Alteration In Ownership: Supreme Court Motor Accident Claim | Compensation Must Aim To Restore, As Far As Possible, What Has Been Irretrievably Lost: Supreme Court Awards Rs. 1.02 Crore Personal Criticism Of Judges Or Recording Findings On Their Conduct In Judgments Must Be Avoided: Supreme Court Efficiency In Arbitral Proceedings Is Integral To Effective Dispute Resolution. Courts Must Ensure That Arbitral Processes Reach Their Logical End: Supreme Court Onus Lies On The Propounder To Remove All Suspicious Circumstances Surrounding A Will To The Satisfaction Of The Court: Calcutta High Court Deeds of Gift Not Governed by Section 22-B of Registration Act: Andhra Pradesh High Court Testimony Of  Injured Witness Carries A Built-In Guarantee Of Truthfulness: Himachal Pradesh High Court Upholds Conviction for Attempted Murder POCSO | Conviction Cannot Be Sustained Without Conclusive Proof Of Minority - Burden Lies On The Prosecution: Telangana High Court Credible Eyewitness Account, Supported By Forensic Corroboration, Creates An Unassailable Chain Of Proof That Withstands Scrutiny: Punjab and Haryana High Court Jammu & Kashmir High Court Grants Bail to Schizophrenic Mother Accused of Murdering Infant Son

Merely claiming to be a journalist does not exonerate one from legal scrutiny: Allahabad High Court Dismisses Petition to Quash Charges Against Journalist and Newspaper Distributor

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Allahabad High Court has dismissed the petition filed by Puneet Mishra alias Puneet Kumar Mishra and another individual seeking to quash the charges against them. The court upheld the validity of the chargesheet and cognizance order filed under multiple sections of the Indian Penal Code (IPC) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Justice Shamim Ahmed, delivering the judgment, emphasized the necessity of adhering to legal processes and highlighted the potential misuse of journalistic credentials for illicit activities.

The applicants, Puneet Mishra and another, were implicated in Case Crime No. 499/2023 under Sections 384 (extortion), 352 (assault), 504 (intentional insult), 505 (public mischief) IPC, and relevant sections of the SC/ST Act. The charges stemmed from allegations of blackmailing and defamation using their positions as a journalist and newspaper distributor. The FIR was filed after a 15-day delay, raising questions about the integrity of the investigation. The applicants sought to quash the chargesheet and cognizance order issued by the Special Judge SC/ST Act, Hardoi.

The court scrutinized the chargesheet and cognizance order and found them to be legally sound. Justice Ahmed noted, "From the perusal of the chargesheet and cognizance order, prima facie, a cognizable offence is made out." The court dismissed the applicants' claims of innocence and the assertion that the FIR was a retaliatory action due to their journalistic activities.

A significant aspect of the court's observation was the alleged misuse of journalistic credentials. The court expressed concern over the potential for journalists to engage in blackmail under the guise of legitimate reporting. "There is a gang operating in the entire State of Uttar Pradesh, who in the name of journalism, is involved in anti-social activities like blackmailing common man for financial benefits," the court observed. This was particularly pertinent as the applicants failed to provide any valid documentation confirming their official status as journalists.

The judgment referenced multiple Supreme Court rulings, including R.P. Kapoor Vs. State of Punjab and State of Haryana Vs. Bhajanlal, to underscore the principles guiding the quashing of chargesheets. Justice Ahmed emphasized that the power under Section 482 Cr.P.C. should be exercised sparingly and only in cases where there is a clear abuse of the legal process. The court found no such abuse in this case, asserting that the legal procedures had been appropriately followed.

Justice Ahmed remarked, "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."

The dismissal of the petition by the Allahabad High Court underscores the judiciary's commitment to ensuring that legal processes are upheld and not circumvented under the guise of professional credentials. The ruling sends a clear message about the misuse of journalistic status for personal gain and reinforces the importance of credible and lawful conduct. This decision is likely to have a substantial impact on similar cases, promoting integrity within the field of journalism and adherence to legal norms.

Date of Decision: 22 May 2024

Puneet Mishra Alias Puneet Kumar Mishra And Another v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

Similar News