Bombay High Court
M/S. Koolwal Handicraft Thr. ... vs State Of Maharashtra Thr. P.S.O. ... on 14 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.455 OF 2018
APPLICANT: M/s Koolwal Handicraft,
180, Pratap Nagar,
Vashishtha Marg,
Khatipura Road, Jaipur
through Bharat Kumar s/o Brijlal
Suthar, Age - 43 years,
Occ - Business, R/o E-61,
Hanuman Path, Shyam Nagar,
Jaipur - 302019.
VERSUS
NON-APPLICANTS : 1. State of Maharashtra,
Through P. S. O. Sitabuldi,
Nagpur.
(Added respondent No.2 2. Ajay s/o Raghunathji Bodhare,
as per order dated Aged about : 37 years,
20.08.2018) Occupation : Nil, R/o 03,
Shrikrishna Arpan Renuka Mata
Nagar, Near Indian Petrol Pump,
Hudkeshwar, Nagpur.
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Shri Sudheer Voditel, Advocate for applicant.
Shri T. A. Mirza, Additional Public Prosecutor for Non-applicant
No.1-State.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 14/01/2021.
ORAL JUDGMENT : (PER Z.A. HAQ, J.)
1. Heard.
2. Rule. Rule made returnable forthwith.
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3. None appeared for the non-applicant No.2 -
informant, though served.
4. Crime No.318/2016 came to be registered against
the applicant for the offences punishable under Sections 295-A
and 502 of the Indian Penal Code. The crime came to be
registered pursuant to the report lodged by the non-applicant No.2
alleging that the printing of extracts of religious books of a
particular sect on the dresses to be worn by the ladies particularly
on the portion near the legs, the religious feelings of the
complainant were hurt. On registration of the First Information
Report, the applicant approached this Court by this application
under Section 482 of the Code of Criminal Procedure praying that
the First Information Report registered against the applicant be
quashed. According to the applicant, it is in the business of
manufacturing of garments and as per the order placed by the
owners of a mall asking for the particular design and pattern, the
garment came to be manufactured and were supplied to the mall
by order dated 25/06/2018. This Court directed issuance of notice
to the non-applicants and directed that any coercive action should
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not be taken against the applicant which interim order continues
till date.
5. With the assistance of the learned advocate for the
applicant and learned APP for the non-applicant No.1-State, we
have gone through the First Information Report and the
statements of the non-applicant No.2 - informant. Though the
report lodged by the informant and the statement of the informant
are quite exhaustive and descriptive, we find that there is no
accusation that the dresses supplied to the mall by the applicant
are printed with some objectionable contents deliberately and
with malicious intention of outraging the religious feelings of any
class which according to us is sine qua non for alleging
commission of the offences under Sections 295-A and 502 of the
Indian Penal Code. As we find that the ingredients necessary to
constitute an offence under Sections 295-A and 502 of the Indian
Penal Code are lacking, in our view, registration of the First
Information Report against the applicant for the offences cannot
withstand the scrutiny of law and is liable to be quashed.
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6. During the pendency of this criminal application
before this Court, charge-sheet came to be filed and the applicant
has amended the criminal application and has challenged the
charge-sheet also. The First Information Report itself could not
have been registered. The charge sheet also has to be quashed.
7. Hence, the following order :-
ORDER
The First Information Report No.318/2016
registered with the non-applicant No.1 - Police
Station against the applicant for the offences
punishable under Sections 295-A and 502 of the
Indian Penal Code and the consequential charge-
sheet bearing No.242/2018 filed before the Trial
Court is quashed.
8. Rule is made absolute in the above terms.
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CRIMINAL APPLICATION (APPP) NO.1043 OF 2018
In view of disposal of Criminal Application
(APL) No.455/2018, this criminal application praying for
dispensing with filing of typed copy of First Information
Report does not survive. It is disposed accordingly.
JUDGE JUDGE
Choulwar
