Supreme Court Quashes FIR Against Former Zee Rajasthan Head; Slams “Shoot First” Policing by Rajasthan Police

I. Introduction

The Supreme Court of India recently delivered strong observations while quashing an FIR registered by the Rajasthan Police against Ashish Dave, former regional head of Zee Rajasthan. The Court criticised the state police for acting like “James Bond” and adopting a “shoot first, ask questions later” approach.

The bench of Justices Vikram Nath and Sandeep Mehta termed the FIR “as bogus an FIR as it can get” and held that allowing such a complaint to survive would send a disturbing message about unequal access to justice.

The ruling revisits fundamental questions about the legality of FIR registration, the limits of criminal law, and judicial safeguards against abuse of process.

II. Factual Background

In September 2023, an FIR was registered at Ashok Nagar Police Station, Jaipur, based on a complaint filed by Zee Media Corporation Limited through its representative Sanju Raju.

The complaint alleged that Ashish Dave misused his position as regional head to:

  • Demand money from vendors and external parties

  • Threaten negative media coverage for non-compliance

  • Cause financial and reputational damage to the company

The FIR invoked multiple provisions of the Bharatiya Nyaya Sanhita, 2023 relating to extortion, cheating, and related offences.

Dave challenged the FIR, arguing that:

  • The allegations were vague and omnibus

  • The dispute was civil and contractual in nature

  • No specific criminal offence was disclosed

The Rajasthan High Court refused to quash the FIR, observing that the allegations were serious and warranted investigation, though it granted protection against coercive action.

Dave then approached the Supreme Court.

III. Supreme Court’s Observations

The Supreme Court expressed strong disapproval of the manner in which the FIR was registered. The bench observed:

  • A common citizen attempting to register such a vague complaint might be turned away.

  • Privileged complainants cannot receive preferential treatment.

  • Criminal law cannot be triggered on broad, unsupported assertions.

The Court drew an analogy: merely alleging that someone committed crimes across the country cannot justify registration of an FIR without foundational material.

It ultimately quashed the FIR, holding it legally unsustainable.

IV. Statutory Framework

1. Registration of FIR

Under Section 154 of the Code of Criminal Procedure, 1973 (now substantially replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023), an FIR must disclose commission of a cognizable offence.

However, courts have clarified that:

  • Allegations must contain basic factual ingredients of the offence.

  • FIRs cannot be based purely on conjecture or sweeping claims.

2. Inherent Powers to Quash

The Supreme Court exercises inherent jurisdiction under:

  • Section 482 CrPC (now Section 528 BNSS)

  • Article 136 of the Constitution (special leave jurisdiction)

These powers allow the Court to prevent abuse of process and secure the ends of justice.

V. Constitutional Provisions Involved

Article 14 – Equality Before Law

The Court’s remark that “privileged clients” cannot receive red-carpet treatment reflects Article 14 concerns. Law enforcement must operate uniformly without favour.

Article 21 – Protection of Life and Personal Liberty

Unwarranted criminal prosecution impacts reputation, liberty, and dignity — all protected under Article 21.

Article 19(1)(a) – Freedom of Speech and Expression

Though not directly invoked, the case touches the domain of media functioning. Courts have consistently held that criminal law should not be used to suppress journalistic or professional conduct unless clear statutory offences are made out.

VI. Judicial Precedents

Several landmark judgments guide FIR quashing jurisprudence:

  1. State of Haryana v. Bhajan Lal (1992) – Laid down categories where FIRs can be quashed, including cases where allegations do not constitute an offence or are manifestly attended with mala fide intent.

  2. Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) – Held that summoning an accused is a serious matter and courts must ensure criminal law is not set in motion casually.

  3. Lalita Kumari v. Government of Uttar Pradesh (2014) – Mandated registration of FIR in cognizable offences but clarified that preliminary inquiry may be conducted in certain cases to verify authenticity.

  4. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) – Emphasised caution in quashing FIRs but recognised courts’ duty to intervene where proceedings are abusive.

The Supreme Court’s ruling aligns closely with Bhajan Lal principles — especially where FIR allegations are inherently improbable or fail to disclose essential ingredients of an offence.

VII. Legal Significance

The judgment reinforces several key principles:

  1. Criminal law cannot be invoked as a pressure tactic in civil or corporate disputes.

  2. Police discretion must be exercised judiciously and not mechanically.

  3. Equality in FIR registration is a constitutional requirement.

  4. Courts will intervene where prosecution appears speculative or legally hollow.

The Court’s “James Bond” remark underscores concern over proactive but legally unsustainable policing practices.

VIII. Conclusion

The Supreme Court’s decision to quash the FIR signals judicial intolerance toward vague, overbroad, or preferential criminal prosecutions.

While investigative agencies retain authority to register FIRs in cognizable cases, that authority is not unfettered. It must be grounded in specific, legally sustainable allegations.

The ruling strengthens procedural safeguards under Articles 14 and 21 and reaffirms the judiciary’s role in preventing abuse of criminal process.

In effect, the Court has reiterated a foundational principle of criminal jurisprudence: investigation may be robust, but it cannot precede legality.

Location: Pune, Maharashtra, India

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