Manvendra Gyanendra Sharma vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 7964 Bom

 Judgment                                     1                                 apl302.21.odt




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                     CRIMINAL APPLICATION (APL) NO. 302/2021


          Manvendra Gyanendra Sharma,
          Aged 39 years, Occ. Service,
          R/o. A-1002, Founten Heights,
          Lokhandwala Township, Kandiwali
          (East), Mumbai 400101
                                                                         .... APPLICANT

                                       // VERSUS //

 1]       State of Maharashtra,
          Through Police Station Officer,
          Police Station Sitabuldi, Nagpur
          Dist. Nagpur

 2]       Ajay S/o Raghunathji Bodhare,
          Aged 37 years, Occ. Nil,
          R/o. 03, Shrikrishna Arpan,
          Renuka Mata Nagar, Near Indian
          Petrol Pump, Hudkeshwar, Nagpur
                                                              .... NON-APPLICANT(S)

  *******************************************************************
             Shri R.M. Patwardhan, Advocate for the applicant
                Shri T.A. Mirza, APP for the non-applicant no. 1
           Shri K.P. Sadavarte, Advocate for the non-applicant no. 2
  *******************************************************************

                               CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

JUNE 16, 2021

JUDGMENT : (PER:- AMIT B. BORKAR, J.)

1] Heard.

  Judgment                                   2                               apl302.21.odt




 2]                   RULE. Rule made returnable forthwith.



 3]                   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. The applicant approached this Court by this

application under Section 482 of the Code of Criminal Procedure praying

that the first information report and consequent charge-sheet registered as

R.C.C. No. 3979/2018 against the applicant be quashed. According to the

applicant, he is head of women's division of Future Retial Limited and he

places orders to the manufacturing units for the purpose of getting

readymade garments. It is submitted that in the month of September - 2015,

regular supplier of M/s. Koolwal Handicrafts approached the applicant

through its representative and disclosed various samples and orders were

placed for manufacturing and supply of the garments by the applicant. This

Court directed issuance of notices to the non-applicants and by way of

interim order, stayed the further proceedings of R.C.C. No. 3979/2018

pending before the Judicial Magistrate, which interim order continues till

date.

  Judgment                                   3                               apl302.21.odt




 4]                   With the assistance of learned advocate for the applicant,

learned APP for the non-applicant No.1-State and learned advocate for the

non-applicant no. 2, we have gone through the First Information Report and

the statement 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 approved 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 and consequent charge-sheet

against the applicant for the offences cannot withstand the scrutiny of law

and are liable to be quashed. This Court in Criminal Application (APL)

No. 455/2018 has already quashed FIR and charge-sheet against co-accused

M/s. Koolwal Handicrafts. The Investigating Agency in affidavit-in-reply

stated that case present is similar to the applicant in Criminal Application

(APL) No. 455/2018. Therefore, we are of the opinion that the first

information report itself could not have been registered.

  Judgment                                    4                                  apl302.21.odt




 5]                   Hence, the following 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

registered as R.C.C. No. 3979/2018 filed before the

trial Court are quashed.

Rule is made absolute in the above terms.

                   (JUDGE)                                     (JUDGE)


 ANSARI