SAURAV CHAUDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A complaint was lodged by one Subrata Kumar Saha, the private opposite party herein before the Inspector-in-Charge, Jhargram Police Station on 27/4/2022 against Zee 24 Ghanta channel alleging that on 23/4/2022, the channel telecast news that several offices of a particular party remained closed after 6.00 P.M. and the leaders of the party confined themselves in their respective homes. Such telecast was creating and promoting threat and tension in the locality, causing breach of peace and encouraging miscreants. The complainant sought necessary steps for restricting the channel from telecasting such news. Jhargram Police Station Case no. 127 of 2022 was registered. Since the petitioner is a press reporter attached to the channel, notice under Sec. 41A of the Code of Criminal Procedure was issued upon him. The petitioner appeared before the Investigating Officer and was asked to produce the relevant footage of the channel. The petitioner informed the investigating authority that all the electronic documents were within the domain of the channel and the petitioner had no authority or control over them. The said footage could be collected from Zee 24 Ghanta directly. The petitioner has prayed for quashing of the proceeding.

(2.) Learned counsel for the petitioner has submitted that the petitioner in his capacity as a press reporter was merely performing his duties by reporting some news for knowledge of the public at large and there was no mens rea in commission of the alleged acts. A vexatious and politically motivated proceeding has been initiated against the petitioner which is required to be quashed.

(3.) Per contra, learned counsel for the State has produced copy of the case diary and has submitted that the petitioner has not cooperated in investigation of the case by refusing to produce the relevant footage of the news before the investigating agency.