The Punjab and Haryana High Court recently dismissed a plea filed by TV Today Network-owned Aaj Tak, which sought to quash criminal defamation proceedings against it. The proceedings arose from a complaint by former Haryana MLA and businessman Gopal Kanda (Gopal Kumar Goyal), who alleged that the channel and other media outlets defamed him by linking his name to the death of BJP leader and actor Sonali Phogat in 2022.
Justice Tribhuvan Dahiya ruled that the defamation complaint disclosed a non-cognizable offence, which allowed the magistrate to direct the police to register a non-cognizable case (NCR) and investigate the matter under Section 155(2) of the Code of Criminal Procedure (CrPC).
Background of the Case
In 2022, following Sonali Phogat’s death, several media reports allegedly connected Kanda’s name with the incident. Claiming damage to his reputation, Kanda lodged a complaint that eventually led to an NCR and a subsequent chargesheet against Aaj Tak and other media channels.
Aaj Tak challenged the judicial magistrate’s order directing the police to register the NCR and the chargesheet filed thereafter, arguing that the procedure followed was not legally valid in a defamation case.
Aaj Tak’s Arguments
The network argued that under Section 199 of the CrPC, a criminal defamation complaint cannot result in an FIR and police investigation, as the law specifically bars such proceedings. The channel further claimed that the magistrate erred in issuing directions under procedural law, which should have invalidated the case.
Court’s Observations
The High Court, however, clarified that the magistrate had not invoked Section 156(3) of the CrPC (which deals with FIR registration). Instead, the magistrate acted within jurisdiction under Section 155(2) of the CrPC, which allows directing the police to investigate non-cognizable offences.
“The investigation in the case has been carried out on the basis of a complaint by the second respondent disclosing non-cognizable offence against the petitioner, and a chargesheet has been filed pursuant to directions issued under Section 155(2) CrPC,” the Court noted.
As a result, the Court held that the process adopted by the magistrate was lawful and that no exception could be taken to the investigation or the chargesheet filed against the channel.
Conclusion
By dismissing Aaj Tak’s plea, the Punjab and Haryana High Court paved the way for the continuation of criminal defamation proceedings against the network. The ruling underscores the judiciary’s view that complaints disclosing non-cognizable offences can legitimately be investigated under procedural law.
Representation in Court
For Aaj Tak (TV Today Network Limited): Advocates Hrishikesh Baruah and Jasneet Kaur
For the State of Haryana: Senior Deputy Advocate General Tanushree Gupta
