Rajasthan High Court Upholds FIR Against Media Head for Alleged Extortion and Misuse of Authority

Court emphasizes limited interference in ongoing investigations, dismisses plea to quash FIR against Ashish Dave

In a significant decision, the Rajasthan High Court, Jaipur Bench, refused to quash an FIR against Ashish Dave, the former Head of Zee Media’s Rajasthan branch. The FIR, which was lodged at the Ashok Nagar Police Station, accuses Dave of extortion, defamation, and misuse of his authoritative position to threaten vendors for monetary gains. The court emphasized that the allegations in the FIR disclose a cognizable offence under Sections 308(2), 318(4), and 351(2) of the Bharatiya Nyaya Sanhita, 2023, warranting a thorough investigation.

Presiding over the case, Justice Anoop Kumar Dhand highlighted the critical role of the media in a democracy, acknowledging its power and responsibility. He noted that while the media is a pillar of democracy, any misuse of its authority, such as threatening vendors to broadcast negative content for personal gain, undermines its integrity and the democratic fabric.

The petitioner, Ashish Dave, argued through his counsel that the FIR was baseless, contending that no cognizable offence was disclosed, and labelled the allegations as improbable and mala fide. However, the Advocate General, representing the state, countered these claims, asserting the necessity for investigation given the serious nature of the allegations.

The court reiterated the principles laid down in several Supreme Court judgments, stressing that the inherent powers of the High Court to quash FIRs should be exercised sparingly and in the rarest of cases. It underscored that at the stage of quashing, the court is not to conduct a mini-trial or evaluate the evidence but to determine if the FIR discloses a prima facie case of a cognizable offence.

In line with the Apex Court’s directives, the High Court ruled that the allegations warranted investigation and that interference at this stage would be premature. The court advised that if Dave had concerns regarding the investigation’s fairness, he could present them to the investigating officer.

The ruling serves as a reminder of the judiciary’s cautious approach in interfering with ongoing investigations, particularly when it involves allegations of misconduct within influential institutions like the media.

Bottom Line:

The High Court cannot quash an FIR at the investigation stage unless no cognizable offence is disclosed. Allegations in the FIR must be investigated by the appropriate agency, and the court's interference should be limited to rarest of rare cases where allegations are manifestly absurd or mala fide.

Statutory provision(s): Sections 308(2), 318(4), and 351(2) of Bharatiya Nyaya Sanhita, 2023; Section 482 of the Criminal Procedure Code, 1973

Ashish Dave v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2812794