Srinagar : J&K high court on Thursday quashed FIR NO 26/2018 registered against Times of India (ToI) Reporter Mohammad Saleem Pandit in police station Kothi Bagh under section 505 (1)b RPC dated April 3, 2018, during the then Mehbooba Mufti government for publishing news item on April 1 and 2 regarding stone pelting on tourists at several spots across Kashmir valley.
Justice Sanjay Dhar of J&K high court in his 15 page judgment quashed the impugned FIR against the TOI reporter quoting various reported judgments in line with the definition of section 505(1) b elaborated that unless a publication has been made with an intention to cause fear or alarm whereby a person is induced to commit an offence against the state, the offence under section 505(1)(b) of RPC is not made out.
“In the instant case, the complaint does not disclose the particulars of any such person who has been induced to commit an offence against the state because the publication of the news report in the question. In fact it is not even alleged that anybody has been induced by the news report in question to commit an offence against the state. The contents of the FIR, which is based upon the complaint filed by some association of Travel agents, are absolutely vague and devoid of any particulars in this regards,” Justice Sanjay Dhar observed.
