Court Finds Lack of Evidence for Cheating but Upholds Extortion Allegations in Case Involving Threat of Publishing Adverse News
The Madhya Pradesh High Court, Jabalpur bench, in a significant ruling, has quashed the criminal proceedings under Section 420 of the Indian Penal Code (IPC) against journalist Lakhan Singh Solanki while allowing the continuation of proceedings under Section 384, concerning alleged extortion. The judgment was delivered by Justice Himanshu Joshi on February 25, 2026.
The case stemmed from an FIR registered on August 5, 2023, based on a complaint by Mr. Koklal Yadav, who accused Solanki of demanding Rs. 10,000 in exchange for not publishing adverse news about the construction of a memorial for the late Babulal Gaur, former Chief Minister of Madhya Pradesh. The complainant alleged that the construction was illegal and Solanki threatened to expose the irregularities unless paid.
Justice Joshi, after examining the allegations and evidence, determined that the essential elements required for a charge under Section 420 IPC—deception, fraudulent inducement, and dishonest intention at the inception—were not present. The court noted that the complaint did not demonstrate any false representation or delivery of property through deception, leading to the quashing of the cheating charge.
However, the court found prima facie evidence to support the extortion charge under Section 384 IPC. The allegations indicated that Solanki had threatened to damage the complainant's reputation by publishing adverse news unless he received the demanded sum, fulfilling the criteria for extortion, which includes putting someone in fear of injury to induce the delivery of property.
The court underscored the importance of journalism as a pillar of democracy and stressed that while the freedom of the press is vital, it should not be misused for personal gain. Justice Joshi emphasized that criminal proceedings should not be misused to suppress honest reporting, but simultaneously, journalists cannot use their profession as a shield for unlawful activities.
The ruling has significant implications for the media industry, highlighting the delicate balance between press freedom and accountability. It sends a clear message that while journalists have the right to report matters of public interest, they cannot exploit this freedom for personal enrichment through illegal means.
The proceedings related to the extortion charge will continue as per the court's directive, ensuring that the truth is established through a fair trial.
Bottom Line:
Quashment of proceedings under Section 420 IPC for lack of essential ingredients while allowing continuation of proceedings under Section 384 IPC concerning alleged extortion by journalist.
Statutory provision(s): Section 420 IPC, Section 384 IPC, Bharatiya Nagarik Suraksha Sanhita, 2023
