Jagran Prakashan Ltd vs Brig (Mrs) Manoj Bhatt on 25 May, 2026

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    Delhi District Court

    Jagran Prakashan Ltd vs Brig (Mrs) Manoj Bhatt on 25 May, 2026

              IN THE COURT OF ANURAG THAKUR
           ADDL. SESSIONS JUDGE (FTC), EAST DISTRICT
                KARKARDOOMA COURTS: DELHI
    
                             CRIMINAL REVISION NO. 187/2025
    
    IN THE MATTER OF:
    
    (i)        Jagran Prakashan Limited
               Through Neetendra Shrivastava,
               Office at: 2, Jagran Building,
               Sarvodaya Nagar, Kanpur,
               U.P.-208005
    
    (ii)       Mahendra Mohan Gupta
               Available at: 2, Jagran Building,
               Sarvodaya Nagar, Kanpur,
               U.P.-208005                                                          .......Revisionists
    
                                                     Versus
    Brig Manoj Bhatt (Now Retired)
    R/o B-42, Tarang Apartments,
    I.P. Extension, Patparganj,
    Delhi-110092
    Also at:- 310, Sonigar Zinnia Kiwale,
    Near D-Mart, Pune-412101                                                        .......Respondent
    
                             Instituted on           :           15.07.2025
                             Reserved on             :           06.02.2026
                             Pronounced on           :           25.05.2026
    
                                               ORDER
    

    1. This petition has been filed assailing order dated
    22.01.2024 passed by the court of learned MM-03/East/KKD:

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.1 of 16

    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:42:04 +05’30’
    Delhi, whereby the revisionist no.1 and 2 were summoned to face
    proceedings for offence punishable u/s 500/501/502/34 Indian
    Penal Code, 1860 (hereinafter referred to as ‘IPC‘).

    2. The summoning order has been challenged inter
    alia on grounds that (i) a company cannot be prosecuted for of-

    fence of defamation as it requires mens-rea; (ii) the vicarious lia-
    bility cannot be fastened upon revisionist no.2 merely because he
    was the Managing Director of revisionist no.1; (iii) the offence of
    defamation does not envisaged a vicarious liability; and (iv) the
    trial court did not conduct the mandatory inquiry u/s 202 Code
    of Criminal Procedure, 1973 (in short ‘Cr.PC‘). Ld. Counsel for
    the revisionists relied upon a catena of judgments of superior
    courts to adumbrate that the impugned order is erroneous and it
    suffers from illegality as well as perversity. He prayed that the
    impugned order be set-aside.

    SPONSORED

    3. Upon service of notice of petition, reply/written sub-
    missions were filed by the respondent wherein it was contended
    that the revision petition was barred by law of limitation as the
    same was not filed within the prescribed period. Respondent
    claimed that the trial court passed the impugned order after duly
    appreciating the oral and documentary evidence tendered before
    it. She avowed that the Managing Director of a company is al-
    ways vicariously liable for act, conduct and misdeed done under
    the authority and seal of the company. Ld. counsel for respondent
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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:42:36 +05’30’
    canvassed that the revisionists did not follow norms of journalis-
    tic conduct issued by Press Council of India in the year 2018
    with respect to accuracy and fairness, pre-publication verifica-
    tion, caution against defamatory writing, right to privacy, conjec-
    ture, comment and fact, right to reply and heading not to be sen-
    sational, provocative and must justify the matter printed under it.
    Ld. Counsel for the respondent prayed that the revision petition
    be dismissed being unmerited.

    4. I have cogitated over the rival submissions and pe-
    rused the record including the TCR. My observations on the is-
    sues agitated are delineated hereinafter.

    5. At this juncture, it is apposite to advert to the grava-
    men of the complaint made before the trial court. The respondent
    was serving as Principal Matron, Military Nursing Service, Com-
    mand Hospital (Central Command), Lucknow, U.P. in the year
    2020. The revisionist no.1 published an article on 02.09.2020 on
    its website www.jagran.com titled as ‘Home quarantine Brig. ne
    di dawat, do din tak chala jashan ab jaanch shuru’ along with a
    photograph of respondent eating lunch, and thus tarnished her
    image in her department as well as in society in general. It was
    further alleged that the same article had been published in the
    Lucknow edition of the newspaper of revisionist no.1. Respon-
    dent claimed that the said article was tweeted, retweeted, shared

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:42:58 +05’30’
    and commenting upon by other persons. The respondent contend-
    ed that the revisionists had published false contents as she was
    under quarantine in Command Hospital, Lucknow till
    26.08.2020, she tested negative for Covid-19 on 27.08.2020 and
    thereafter from 30.08.2020 she had proceeded for 20 days annual
    leave and had not thrown any celebratory lunch/dinner etc. dur-
    ing Covid, as reported in the aforementioned article. The respon-
    dent also claimed that the revisionists had falsely published the
    images of Onam Lunch as a celebration lunch. She further
    averred that due to such defamatory contents, a disciplinary en-
    quiry had been initiated against her and promotion in job was de-
    nied to her and consequently, she suffered monetary loss in addi-
    tion to loss of reputation and esteem. Hence, the complaint
    against revisionists alleging commission of offence punishable
    u/s 500
    /501/502/120B/34 IPC.

    6. Since the issue of limitation has been agitated by the
    respondent, therefore, it is imperative to decide the same before
    adverting to the merits of this revision petition. The impugned
    order is dated 22.01.2024. The revisionists appeared before the
    trial court through their respective counsels on 07.03.2025 when
    directions were given by the trial court to the respondent to sup-
    ply copy of complaint to both the revisionists. In compliance of
    this order, the soft copy of complaint was supplied to the revi-

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.4 of 16

    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:43:18 +05’30’
    sionists only on 13.06.2025. Hence, it can be safely inferred that
    the revisionists did not have complete copiy till then and it would
    be a travesty of justice, if it is required of the revisionists to assail
    an order without even having complete record (on the basis of
    which the order was passed). Since the delay was in supply of
    copy (which is not attributable to the revisionists), therefore, the
    entire time spent in obtaining a copy i.e. from the date of service
    of summons issued by the trial court till the date of supply of
    copy on WhatsApp i.e. 13.06.2025 is to be excluded while com-
    puting the prescribed period of limitation (See: Section 12(2) of
    Limitation Act, 1963). Additionally, it would also not be prudent
    to compute the period of limitation from the date of order itself
    i.e. 22.01.2024 as the revisionists did not have knowledge of the
    order assailed at least till the service of summons upon them.
    Even otherwise, sufficient cause has been shown by the revision-
    ists for not preferring this revision petition prior to 13.06.2025.
    This petition was e-filed on 07.07.2025 and was heard for the
    first time by the undersigned on 16.07.2025. The limitation peri-
    od for filing a revision petition is 90 days. Excluding the time
    spent in obtaining copy, the revision petition is found to have
    been filed well within the limitation period. Hence, the challenge
    to this revision petition on the ground that it is time barred, does
    not find favour with this court and is outrightly rejected.

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:43:44 +05’30’

    7. The revisionists have been summoned by the trial
    court for offence(s) punishable u/s 500/501/502/34 IPC. All these
    offence(s) barring Section 34 are variants of offence of defama-
    tion as defined in Section 499 IPC. The offence of defamation
    primarily has three ingredients which are as follows:-

    (i) making or publishing any imputation concerning any person;

    (ii) such imputation must have been made by words either spo-

    ken or intended to be read or by signs or by visible representa-
    tion;

    (iii) the said imputation must have been made with intention to
    cause harm or with knowledge or having reason to believe that it
    will harm the reputation of the person concerned;
    As is clear from point no.(iii), the intention or knowledge or be-
    lief is an essential ingredient of offence of defamation. The poser
    whether a body corporate/company/juristic person can be held
    guilty for commission of offence requiring mens-rea has been an-
    swered by the Apex Court in the judgment of Kalpnath Rai vs
    State (Through CBI), AIR 1998 SC 201; in the following words:-

    53. Sections 136 and 312 of IPC are the provisions incorporat-

    ing two of the offences involving “harbor” in which the com-
    mon words used are “whoever knowing or having reason to be-
    lieve. Another offence in the Penal Code involving “harbor” is
    Section 157 wherein also the words “whoever harbors knowing
    that such person etc.” are available. It was contended that mens
    rea is explicitly indicated in the said provisions in the Penal
    Code whereas no such indication is made in Section 3(4) of
    TADA and therefore, the element of mens rea must be deemed
    to have been excluded from the scope of Section 3(4) of TADA.
    ……..

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.6 of 16

    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:44:05 +05’30’

    55. There is a catena of decisions which has settled the legal
    proposition that unless the statute clearly excludes mens rea in
    the commission of an offence the same must be treated as essen-
    tial ingredient of the criminal act to become punishable. (State
    of Maharashtra v. Mayer Hans George
    AIR 1965 SC 722,
    Nathulal v. State of M.P.) AIR 1966 SC 43.

    ……

    57. For all the above reasons we hold that mens rea is an essen-
    tial ingredient for the offence envisaged in Section 3(4) of
    TADA.

    58. On the above understanding of the legal position we may
    say at this stage that there is no question of A-12 – company to
    have had the mens rea even if any terrorist was allowed to occu-
    py the rooms in Hotel Hans Plaza. The company is not a natural
    person. We are aware that in many recent penal statutes, compa-
    nies or corporations are deemed to be offenders on the strength
    of the acts committed by persons responsible for the manage-
    ment or affairs of such company or corporations e.g. Essential
    Commodities Act, Prevention of Food Adulteration Act etc. But
    there is no such provision in TADA which makes the company
    liable for the acts of its officers. Hence, there is no scope what-
    soever to prosecute a company for the offence under Section
    3(4)
    of TADA. The corollary is that the conviction passed
    against A-12 is liable to be set aside.

    The judgment in Kalpnath Rai’s case has been followed by the
    High Court of Delhi in the case of Raymond Ltd. & Ors. vs
    Rameshwar Das Dwarkadas P. Ltd.
    , 2013 SCC Online Del.
    1328; wherein it held as under:-

    16. It is important to note that in Iridium India Telecom Ltd. the
    Supreme Court did not take into consideration the law laid
    down by
    a Coordinate Bench in Kalpnath Rai where it was laid
    down that unless the statute clearly excludes mens rea in the
    commission of offence, the same must be treated as essential in-

    gredient of the criminal act to become punishable and that a
    company cannot be said to have requisite mens rea to harbor a
    terrorist if any terrorist was allowed to occupy the room in its
    hotel. The Supreme Court primarily relied upon a Constitution
    Bench judgment in Standard Chartered Bank v. Directorate of
    Enforcement (2005) 4 SCC 530 wherein the Supreme Court
    took the view that a company can be prosecuted for an offence
    for which the punishment of imprisonment as well as fine is
    provided and instead of awarding the mandatory sentence of im-
    prisonment (which becomes impossible in case of corporate en-

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:44:26 +05’30’
    tity) the company can be sentenced to pay fine only. These ob-
    servations, however were in the context of the corporate entity
    that it could be prosecuted on the principle of strict liability
    without any mens rea as provided specifically under the provi-
    sions of the Prevention of Food Adulteration Act, 1954, Essen-
    tial Commodities Act, 1954, Negotiable Instruments Act, 1881,
    Narcotic Drugs and Psychotropic Substances Act, 1985, Foreign
    Exchange Regulation Act, Income Tax Act, 1961
    , etc. etc.

    17. ……..

    18. Thus, in view of the divergence of opinion on this question,
    the law laid down on corporate criminal liability in Kalpnath
    Rai & Iridium India Telecom Ltd., the earlier judgment of the
    Supreme Court in Kalpnath Rai shall have to be taken as a bind-
    ing precedent. Moreover, the observations of the Supreme Court
    in Iridium India Telecom Ltd. shall have to be read in the con-
    text “when an offence is committed in relation to the business of
    the corporation by a person or body of persons in control of its
    affairs” as the person in control of affairs of the company were
    very well aware that the project was not viable and they induced
    the Appellant to invest/expend a sum of `500 crores on the basis
    of projections / statements which they knew to be false.

    19. Thus, Iridium India Telecom Ltd must be taken to have been
    decided on its own facts and cannot be taken to have overruled
    Kalpnath Rai.

    Thus, it is clear that a body corporate (not being a natural person)
    cannot be held criminally liable for an offence requiring mens rea
    as it does not have a mind of its own being a juristic entity only.
    Therefore, in the case at hand, the revisionist no.1 (Jagran
    Prakashan Limited) cannot be prosecuted for offence of defama-
    tion or its different avatars as mentioned in IPC.

    8. The next aspect of the case that deserves attention is
    regarding the criminal liability of the respondent no.2 Mahendra
    Mohan Gupta (the then Managing Director of Jagran Prakashan
    Limited). As already noted, the respondent no.1 cannot be tried
    for the offence of defamation, therefore the question of making
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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:44:45 +05’30’
    its Managing Director vicariously liable for offence of defama-
    tion does not even arise and the summoning order against respon-
    dent no.2 is liable to be set aside on this ground only. However,
    even otherwise, a Managing Director is not always responsible
    for the criminal acts of the company. In fact, unless the statute
    contains specific provision fastening vicarious criminal liability
    (for acts of a company) upon the persons in-charge of affairs of a
    company, a director or officer of a company cannot be prosecuted
    for the acts or deeds of company which he did not do himself.
    Reliance in this regard is placed upon decision of the Apex Court
    in the case of Sunil Bharti Mittal vs CBI, AIR 2015 SC 923;
    wherein it held as under:-

    (iii) Circumstances when Director/Person in charge of the af-

    fairs of the company can also be prosecuted, when the company
    is an accused person:

    No doubt, a corporate entity is an artificial person which acts
    through its officers, directors, managing director, chairman etc.
    If such a company commits an offence involving mens rea, it
    would normally be the intent and action of that individual who
    would act on behalf of the company. It would be more so, when
    the criminal act is that of conspiracy. However, at the same
    time, it is the cardinal principle of criminal jurisprudence that
    there is no vicarious liability unless the statute specifically pro-
    vides so.

    Thus, an individual who has perpetrated the commission of an
    offence on behalf of a company can be made accused, along
    with the company, if there is sufficient evidence of his active
    role coupled with criminal intent. Second situation in which he
    can be implicated is in those cases where the statutory regime it-
    self attracts the doctrine of vicarious liability, by specifically in-
    corporating such a provision.

    When the company is the offender, vicarious liability of the Di-
    rectors cannot be imputed automatically, in the absence of any
    statutory provision to this effect. One such example is Section
    141
    of the Negotiable Instruments Act, 1881. In Aneeta Hada
    (supra), the Court noted that if a group of persons that guide the

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:45:06 +05’30’
    business of the company have the criminal intent, that would be
    imputed to the body corporate and it is in this backdrop, Section
    141
    of the Negotiable Instruments Act has to be understood.

    Such a position is, therefore, because of statutory intendment
    making it a deeming fiction. Here also, the principle of “alter
    ego”, was applied only in one direction namely where a group
    of persons that guide the business had criminal intent, that is to
    be imputed to the body corporate and not the vice versa. Other-
    wise, there has to be a specific act attributed to the Director or
    any other person allegedly in control and management of the
    company, to the effect that such a person was responsible for the
    acts committed by or on behalf of the company. This very prin-
    ciple is elaborated in various other judgments. We have already
    taken note of Maharashtra State Electricity Distribution Co. Ltd.
    (supra) and S.K. Alagh (supra)……

    This Judgment has been cited with approval by the Apex Court in
    the case of Ravindranatha Bajpe vs Mangalore Special Econom-
    ic Zone Limited and Others, (2022) 15 SCC 430. The revisionist
    no.2 was the Managing Director of the Revisionist no.1. No ac-
    tive role (coupled with criminal intent) is shown to have been
    played by revisionist no.2 in publishing of article regarding the
    respondent. Moreover, there is no statutory provision in the Indi-
    an Penal Code, 1860 whereby any vicarious liability for defama-
    tion can be fastened upon the Managing Director who did not
    play any role in the publishing of the alleged defamatory article
    whereby the reputation of the respondent was purportedly
    harmed/damaged. The principle of alter ego is not applicable
    against the revisionist no.2.

    9. The question of liability of revisionist no.2 can also
    viewed from a different angle. At this juncture, it is worthwhile

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:45:28 +05’30’
    to reproduce in verbatim relevant provisions of The Press & Reg-
    istration of Books Act, 1867 which are as follows:-

    Section 1 Interpretation clause
    ‘Editor’ means the person who controls the selection of the mat-
    ter that is published in a newspaper.

    ‘Newspaper’ means any printed periodical work containing pub-
    lic news or comments on public news

    Section 5
    Rules as to publication of newspapers. No newspaper shall be
    published in India, except in conformity with the rules here-
    inafter laid down:

    (1) Without prejudice to the provisions of section 3, every copy
    of every such newspaper shall contain the names of the owner
    and editor thereof printed clearly on such copy and also the date
    of its publication.

    (2)……”

    Section 7
    Office copy of declaration to be prima facie evidence. In any
    legal proceeding whatever, as well civil as criminal, the produc-
    tion of a copy of such declaration as is aforesaid, attested by the
    seal of some Court empowered by this Act to have the custody
    of such declarations, or, in the case of the editor, a copy of the
    newspaper containing his name printed on it as that of the editor
    shall be held (unless the contrary be proved) to be sufficient evi-
    dence, as against the person whose name shall be subscribed to
    such declaration, or printed on such newspaper, as the case may
    be, that the said person was printer or publisher, or printer and
    publisher (according as the words of the said declaration may
    be) of every portion of every newspaper whereof the title shall
    correspond with the title of the newspaper mentioned in the dec-
    laration, or the editor of every portion of that issue of the news-
    paper of which a copy is produced.

    Perusal of these sections show that the name of owner and editor
    must clearly be mentioned in every newspaper. A statutory pre-
    sumption is enjoined upon the editor (who is primarily responsi-
    ble for selection of content which is subsequently published)
    making him accountable for the content unless proven otherwise.
    Even the name of the correspondent who published the alleged

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:45:53 +05’30’
    defamatory article finds mentioned in the article itself. However,
    surprisingly neither the editor nor the reporter/correspondent who
    collected that news/wrote the article against the respondent, were
    arrayed as accused before the trial court. Was the Managing Di-
    rector personally responsible for selection of content of newspa-
    per (including the defamatory article) is not known. No one has
    testified that the Managing Director personally authorized the
    publication of article against the respondent. Hence, even by re-
    lying upon the extant provisions of Press & Registration of
    Books Act, 1867
    , no liability for publication of defamatory arti-
    cle can be attributed to the Managing Director of the newspaper
    wherein the same was published, merely because he managed the
    affairs of the company which ran the newspaper, unless it can be
    shown that he personally authorized or supervised such publica-
    tion. Reliance in this regard is also placed upon the judgment of
    the Apex Court in the case of Jaideep Bose vs Bid and Hammer
    Auctioneers Private Limited, 2025 SCC Online SC 348; wherein
    the Apex Court held as under:-

    18. It is not in dispute that the appellant (A2) Jaideep Bose is
    the Editorial Director of the company and other appellants are
    authors of the alleged defamatory news articles published in
    various newspapers. The respondent filed a single private com-

    plaint against the accused for committing the offence of
    defamation.

    19. Let us first deal with the case of the appellant (A2) Jaideep
    Bose, who stands on a different footing from the other accused.
    He is serving as the Editorial Director of the company, which is
    the owner of all the newspapers in question. According to him,
    he is neither the author nor the editor of the news articles in
    question and his role is merely administrative in nature, with no

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:46:13 +05’30’
    direct involvement in the publication process. He further states
    that there was procedural irregularity in the process of issuance
    of summons as he resides in Mumbai, which falls outside the ju-
    risdiction of the Court, and hence, the Magistrate was required
    to conduct an inquiry by examining witnesses as mandated un-
    der Section 202 Cr. P.C.
    19.1. As already reiterated, it is the editor who plays a key role
    in the publication process bearing responsibility for ensuring
    that the content published adheres to legal standards, including
    laws surrounding defamation. It is well settled that the Press and
    Registration of Books Act, 1867
    (“the Act”) imposes a higher
    degree of responsibility and liability on an editor. Section 5 of
    the Act mandates that every newspaper or periodical publication
    must specify the name of the editor and owner. Section 7 creates
    a rebuttable presumption that the editor whose name is printed
    in the newspaper shall be held to be the editor in any civil or
    criminal proceedings in respect of that publication. Since an
    “editor” has been defined as the person who controls the the se-
    lection of the matter that is published in a newspaper, the pre-
    sumption goes to the extent of holding that he was the person,
    who controlled the selection of the matter that was published in
    the newspaper. However, merely because the Act does not men-
    tion persons holding other roles in a publication of the company,
    such as an Editorial Director, or mandate the publication of their
    names, the same does not imply that such persons cannot be
    made liable for any defamatory content. The key distinction is
    that unlike an editor, against whom a statutory presumption is
    imposed, there is no such presumption against the editorial di-
    rector at the outset [See: K.M. Mathew v. K.A. Abraham 2002
    (6) SCC 670]
    19.2. Turning to the complaint, which is also necessary in it, are
    specific allegations regarding the role of the accused in the pub-
    lication process.
    This Court in Gambhirsinh R. Dekare v. Fal-
    gunbhai Chimanbhal Patel observed that while the Act does not
    recognise any other legal entity viz. Chief Editor, Managing Ed-
    itor, etc. for raising a presumption, such individuals can still be
    proceeded against, but only when specific allegations are made
    against them. In the present case, the complaint merely alleges
    that the appellant (A2) oversaw the publications. No other aver-
    ments were made to establish as to how the appellant (A2) was
    responsible for controlling the selection of contents of the news-
    paper publications. Furthermore, as already stated above, he is
    the editorial director of the company and not of the individual
    newspapers. Thus, in our view, such a broad, general or blanket
    statement without specific or substantive details cannot justify
    the issuance of summons.

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    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:46:35 +05’30’
    Even in present case, revisionist no.2 was the Managing Director
    of revisionist no.1 company and not of the individual newspaper
    or website wherein the alleged defamatory article was published.

    10. The last aspect of the impugned order is that the in-
    quiry mandated u/s 202 Cr.PC has not been conducted by the
    learned Magistrate before proceeding to issue process u/s 204
    Cr.PC. Regarding the requirement of conducting an inquiry, the
    following has been held by the Apex Court in the case of Abhijit
    Pawar vs Hemant Madhukar Nimbalkar
    , (2017) 3 SCC 528:-

    23. Admitted position in law is that in those cases where the ac-

    cused is residing at a place beyond the area in which the Magis-
    trate exercises his jurisdiction, it is mandatory on the part of the
    Magistrate to conduct an enquiry or investigation before issuing
    the process. Section 202 CrPC was amended in the year 2005
    by the Code of Criminal Procedure (Amendment) Act, 2005,
    with effect from 22-6-2006 by adding the words “and shall, in a
    case where the accused is residing at a place beyond the area in
    which he exercises his jurisdiction”. There is a vital purpose or
    objective behind this amendment, namely, to ward off false
    complaints against such persons residing at a far-off places in
    order to save them from unnecessary harassment. Thus, the
    amended provision casts an obligation on the Magistrate to con-
    duct enquiry or direct investigation before issuing the process,
    complaints are filtered and rejected. The aforesaid purpose is
    specifically mentioned in the note appended to the Bill propos-
    ing the said amendment. SO that false

    24. The essence and purpose of this amendment has been cap-
    tured by this Court in Vijay Dhanuka v. Najima Mamtaj [Vijay
    Dhanuka
    v. Najima Mamtaj, (2014) 14 SCC 638: (2015) 1 SCC
    (Cri) 479] in the following words: (SCC p. 644, paras 11-12)

    11. Section 202 of the Code, inter alia, contemplates post-
    ponement of the issue of the process ‘In a case where the
    accused is residing at a place beyond the area in which he
    exercises his jurisdiction’ and thereafter to either inquire
    into the case by himself or direct an investigation to be
    made by a police officer or by such other person as he
    thinks fit. In the face of it, what needs our determination is
    as to whether in a case where the accused is residing at a

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.14 of 16

    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:46:58 +05’30’
    place beyond the area in which the Magistrate exercises his
    jurisdiction, inquiry is mandatory or not.

    12. The words and shall, in a case where the accused is re-
    siding at a place beyond the area in which he exercises his
    jurisdiction’ were inserted by Section 19 of the Code of
    Criminal Procedure (Amendment) Act (Central Act 25 of
    2005) w.e.f. 23-6-2006. The aforesaid amendment, in the
    opinion of the legislature, residing at far-off places in order
    to harass them. The note for the was essential as false com-
    plaints are filed against persons amendment reads as fol-
    lows:

    ‘False complaints are filed against persons residing at far-
    ofr places simply to harass them. In order to see that inno-
    cent persons are not harassed by unscrupulous persons, this
    clause seeks to amend sub-section (1) of Section 202 to
    make it obligatory upon the Magistrate that before sum-
    moning the accused residing beyond his jurisdiction he
    shall enquire into the case himself or direct investigation to
    be made by a police officer or by such other person as he
    thinks fit, for finding out whether or not there was suffi-
    cient ground for proceeding against the accused. The use
    of the expression “shall” prima facie makes the inquiry or
    the investigation, as the case may be, by the Magistrate
    mandatory. The word “shall” is ordinarily mandatory but
    sometimes, taking into account the context or the intention,
    it can be held to be directory. The use of the word “shall”
    in all circumstances is not decisive. Bearing in mind the
    aforesaid principle, when we look to the intention of the
    legislature, we find that it is aimed to prevent innocent per-
    sons from harassment by unscrupulous persons from false
    complaints. Hence, in our opinion, the use of the expres-
    sion “shall” and the background and the purpose for which
    the amendment has been brought, we have no doubt in our
    mind that inquiry or the investigation, as the case may be,
    is mandatory before summons are issued against the ac-
    cused living beyond the territorial jurisdiction of the Mag-
    istrate.

    26. The requirement of conducting enquiry or directing investi-

    gation before issuing process is, therefore, not an empty formal-
    ity. What kind of “enquiry” is needed under this provision has
    also been explained in Vijay Dhanuka case [Vijay Dhanuka v.
    Najima Mamtaj
    . (2014) 14 SCC 638: (2015) 1 SCC (Cri) 479),
    which is reproduced hereunder: (SCC p. 645, para 14)
    It is clear as noon day that where the accused resides at a place
    beyond the territorial jurisdiction of a Magistrate, the inquiry u/s
    202
    Cr.PC is mandatory. Trial court record reveals that only com-

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.15 of 16

    Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:47:21 +05’30’
    plainant was examined as CW-1 and thereafter upon hearing of
    arguments the impugned order was passed. Since, the provision
    of mandatory inquiry was not adhered to, before passing the
    summoning order, hence, even on this count, the summoning or-
    der is faulty.

    11. Accordingly, for the reasons mentioned in the forgo-
    ing paragraphs of this order, the impugned order is set-aside as
    the same is not in conformity with the extant applicable law. Re-
    sultant, both the revisionists are discharged for the offence pun-
    ishable u/s 500/501/502/34 IPC.

    12. Copy of this order along with the TCR be sent to the
    court concerned within a week from today. The present file be
    consigned to record room after completion of due formalities.

    Dictated and announced
    in open court on 25th May, 2026. Digitally signed
    ANURAG by ANURAG
    THAKUR
    THAKUR Date: 2026.05.25
    18:47:51 +05’30’

    Anurag Thakur
    Addl. Sessions Judge (FTC) (East)
    Karkardooma Courts, Delhi

    This judgment consists of 16 pages
    and each and every page of this
    judgment is signed by me.

    Crl. Rev. No. 187/2025 Jagran Prakashan Ltd. & Anr. vs Brig Manoj Bhatt Page No.16 of 16

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