Court Emphasizes Limited Use of Inherent Powers, Asserts FIR Allegations Require Trial Court Evaluation
In a significant judgment, the Madhya Pradesh High Court dismissed a petition filed by journalist Amarkant Singh Chouhan seeking the quashing of an FIR lodged against him. The FIR, registered as FIR No. 123/2025 by the Umri Police Station, Bhind, accuses Chouhan of extortion, use of abusive language, and criminal intimidation under Sections 296(b), 308(5), and 351(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The petitioner, represented by advocate Mr. Sameer Kumar Shrivastava, contended that the allegations were absurd and inherently improbable, suggesting that the FIR was a product of malice and retaliation due to his journalistic activities. He argued that the FIR was lodged without a preliminary inquiry and just a day after he had received protection from the Supreme Court, questioning its timing and intent.
Respondents, represented by Additional Advocate General Mr. Ankur Modi and Senior Counsel Mr. M.P.S. Raghuvanshi, countered that the petitioner misused his journalistic position for extortion. They presented evidence, including statements from the complainant Arun Yadav and eyewitnesses, to substantiate the allegations.
The High Court, presided over by Justice Rajesh Kumar Gupta, emphasized that inherent powers under Section 528 of the BNSS (akin to Section 482 of CrPC) should be exercised sparingly and only in rare cases. The court noted that the allegations, if accepted at face value, constitute the ingredients of the offenses charged. Furthermore, the court highlighted that the delay in filing the FIR and other disputed facts are matters for the Trial Court to decide.
The judgment referenced the Supreme Court's stance in the Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra case, reinforcing that the High Court should refrain from conducting a "mini-trial" at this stage. The court concluded that the allegations in the FIR necessitate a thorough investigation and trial, thus dismissing the petition.
The case, involving allegations of extortion under the guise of journalism, has brought to light the challenges in balancing journalistic freedom with accountability. The court's decision underscores the importance of allowing the trial process to unfold, ensuring that all parties have the opportunity to present evidence and defenses in a judicial setting.
Bottom line:-
The High Court emphasized that its inherent powers under Section 528 of BNSS (akin to Section 482 of CrPC) are to be exercised sparingly and only in rare cases. Allegations of extortion and criminal intimidation made in FIR No. 123/2025 were deemed to prima facie constitute the offenses charged, and the petition seeking quashing of the FIR was dismissed.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Sections 296(b), 308(5), 351(2) of BNSS.
