Bombay High Court
Dinesh S/O Bhaskar Dhobe vs State Of Maharashtra, Thr. P.S.O. ... on 4 March, 2021
Bench: Z.A. Haq, Amit B. Borkar
APL281.16-3 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 281 OF 2016
Dinesh S/o. Bhaskar Dhobe,
Age 42 yrs., Occu.: Advocate,
R/o. 37, Ekmat Society, Kala Maroti Mandir,
Mandewada, Nagpur. . . . . APPLICANT
. . . . VERSUS . . . .
1. State of Maharashtra Through
PSO, Police Station, Bhandara.
2. Ashish Krushnarao Mohabe,
Aged about 37 years, Occ. Business,
R/o. Rajgopalachari Ward, Bhandara. . . . NON-APPLICANTS
-----------------------------------------------------------------------------------------------
Mrs. Prajakta Choudhari, Advocate for the applicant.
Shri N. S. Rao, A.P.P. for non-applicant no. 1/State.
CORAM: Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED: 04.03.2021.
ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :
1. By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicant has challenged registration
of the First Information Report No.3054/2016 registered with non-
applicant no.1 - Police Station for offences punishable under
Sections 295-A, 153-A and 188 of the Indian Penal Code and
Sections 135, 33 (1) (R) & 131 of the Maharashtra Police Act and
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Sections 14 and 15 of the Press and Registration Act.
2. The First Information Report came to be registered
with the accusations that on 7.3.2016 around 11.45 a.m., there was
rally organized by 500 volunteers of `Ashtavinayak Buddhas
People'. It is alleged that in the said rally certain objectionable acts
were done by the persons in the said rally and the pamphlets
having contents to outrage religious feelings of Hindu people were
circulated in Bhandara City. It is alleged that the said acts were
done by group of people with intention to create religious enmity
between Hindu and Buddha religion and with the intention to affect
public order and safety. In view of the said complaint, offences
under Sections 295-A, 153-A and 188 of the Indian Penal Code and
Sections 135, 33 (1) (R) & 131 of the Maharashtra Police Station
and Sections 14 and 15 of the Press and Registration Act were
registered against the applicant and other persons. The applicant
has, therefore, challenged registration of the First Information
Report against the applicant by way of filing of present application.
3. On 3.5.2016, this Court issued notice to the non-
applicants. On 6.12.2016, this Court issued Rule by observing that
except for statement that mobile number of the applicant appears
on the pamphlets allegedly circulated for the purpose of organizing
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rally, the non-applicant no.1 is not produced any material to justify
his action against the applicant. The non-applicant no.1 has filed
reply stating that the pamphlets circulated in the said rally, there
was material to outrage religious feelings of Hindu community. It is
further stated that on all the pamphlets name of any person was not
mentioned but, mobile number was provided. It is transpired
during the investigation that contact number of the applicant was
given for the area of Nagpur. It is further stated that the Tahsildar,
Bhandara, while granting permission on 1.3.2016 had clearly
mentioned in the condition of permission that it shall be the
responsibility of the applicant to maintain public order and
protecting sentiments of other persons.
4. The non-applicant no.2 has also filed reply and stated
that the prosecution has been rightly launched against the applicant
as the members of `Ashtavinayak Buddhas People Organization'
have hurt religious sentiments of Hindu religion and its followers.
The non-applicant no.2, therefore, prayed for dismissal of the
application.
5. We have carefully considered the allegations in the First
Information Report. Undisputedly, the First Information Report does
not mention the name of the applicant. It is, by way of reply, the
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prosecution has pointed out that the cell phone number of the
applicant is mentioned in the pamphlet circulated in the said rally
and the said pamphlet was containing material, which outrages the
sentiments of Hindu religion. In our opinion, merely because Cell
phone number of the applicant is mentioned on the pamphlet, this
by itself, is not sufficient to register offence against the applicant,
unless it is shown that the applicant with deliberate malicious
intention had outraged religious feelings of any class of citizens of
India. We are satisfied that in absence of any other material against
the applicant, the ingredients of offences alleged against the
applicant are not fulfilled.
6. We are, therefore, satisfied that continuation of the
proceedings against the applicant would amount to abuse of process
of the Court. We, therefore, pass the following order:
ORDER
The First Information Report No.3054/2016 dated 7.3.2016
registered with the non-applicant no.1 - Police Station for offences
punishable under Sections 295-A, 153-A and 188 of the Indian Penal
Code and Sections 135, 33 (1) (R) & 131 of the Maharashtra Police
Station and Sections 14 and 15 of the Press and Registration Act are
quashed and set aside.
Rule is made absolute in the above terms.
JUDGE JUDGE
Ambulkar
