The Himachal Pradesh High Court has quashed criminal defamation proceedings against newspaper editor Anil Soni, holding that the news report in question was based on information that was factually correct and also carried the complainant’s clarification.
Justice Sandeep Sharma passed the order on August 7, 2026, while allowing Soni’s petition under Section 482 of the Code of Criminal Procedure. The Court set aside the complaint and the order framing charges against him.
Background of the Case
The dispute arose from newspaper reports published in Divya Himachal in September 2011 concerning Praveen Kumar Saini, who had been elected Pradhan of Gram Panchayat Sadarpur while also serving as a Home Guard.
Saini alleged that a press conference was held by Mulkh Raj, a defeated Panchayat election candidate, where questions were raised about his eligibility to hold the elected post. A news report published on September 14, 2011 carried the headline “Sadarpur Ka Pradhan Home Guard Ka Jawan.” Saini claimed the publication damaged his reputation.
He subsequently filed a complaint under Sections 501, 502 and 120-B of the IPC. The trial court issued process against the accused and later framed charges, leading Soni to approach the High Court seeking quashing of the proceedings.
Court’s Observation
The High Court closely examined the disputed news reports and the preliminary evidence recorded by the trial court.
The Court noted that Saini had obtained a No Objection Certificate from the Commandant, Home Guards, before contesting the Panchayat election. It also found that the newspaper correspondent had contacted Saini for his version before publication and that his clarification was included in the report. A later report also clarified that he could hold both positions.
“Since the news item, which is being claimed to be defamatory, was based upon true facts, coupled with the fact that clarification was sought from the complainant and thereafter such clarification was also published in the same newspaper, act of publishing news item by the petitioner cannot be said to be an act of defaming the complainant,” the Court observed.
The Court further found that the preliminary evidence did not establish Soni’s presence at the press conference or any conspiracy with the other accused. It also took note of earlier judicial orders in which proceedings against other accused persons arising from the same complaint had already been set aside.
Decision
The High Court allowed Anil Soni’s petition. It quashed Complaint No. 65 of 2013 and set aside the March 3, 2023 order framing charges against him.
The Court also acquitted Soni of the charges framed against him and disposed of the petition along with all pending applications.
Case Details
Case Title: Anil Soni v. Parveen Kumar Saini and Ors.
Case Number: Cr.MMO No. 317 of 2023
Judge: Justice Sandeep Sharma
Decision Date: August 7, 2026
