Case Note & Summary
The Bombay High Court disposed of two criminal writ petitions challenging the registration of FIR No. 265 of 2010 under Section 295-A read with Section 34 of the Indian Penal Code. The FIR was lodged by Mohd. Imran Dadani Rasabi, President of Raza Academy, alleging that the petitioners, who were participants in a television programme on Sony Entertainment Television, had outraged religious feelings. The court found that the essential ingredient of deliberate and malicious intention to outrage religious feelings was absent, and quashed the FIR. The decision was based on the principle that mere possibility of offence is insufficient to sustain a charge under Section 295-A IPC.
Headnote
A) Criminal Law - Quashing of FIR - Section 295-A IPC - Deliberate and Malicious Intention - The court examined whether the FIR under Section 295-A IPC could be sustained when the alleged acts in a television programme did not demonstrate deliberate and malicious intention to outrage religious feelings. Held that the essential ingredient of mens rea is absent, and the FIR is liable to be quashed (Paras 2-3).
Issue of Consideration
Whether the registration of FIR under Section 295-A read with Section 34 of the Indian Penal Code for alleged acts in a television programme is sustainable when the essential ingredients of deliberate and malicious intention to outrage religious feelings are absent.
Final Decision
The court quashed the FIR No. 265 of 2010 registered with Pydhonie Police Station under Section 295-A read with Section 34 of the Indian Penal Code.
Law Points
- Section 295-A IPC requires deliberate and malicious intention to outrage religious feelings
- mere possibility of offence insufficient
- quashing of FIR when ingredients not met
- inherent powers under Section 482 CrPC
- common order for multiple petitions with same facts
Case Details
2026 LawText (BOM) (04) 78
Writ Petition No. 1902 of 2012 and Writ Petition No. 1906 of 2012
Mr. Niteen Pradhan, Senior Advocate with P. D. Desai for Petitioner; Mrs. Megha Bajoria, APP for State; Mr. N. T. More, PSI, Pydhonie Police Station Present
Shekhar Suman, Bharati Singh
The State of Maharashtra and Others
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Nature of Litigation
Criminal writ petitions challenging registration of FIR under Section 295-A IPC for alleged outrage of religious feelings in a television programme.
Remedy Sought
Quashing of FIR No. 265 of 2010 registered with Pydhonie Police Station.
Filing Reason
Petitioners alleged that the FIR was registered without sufficient grounds and lacked essential ingredients of the offence.
Issues
Whether the FIR under Section 295-A IPC is sustainable when the alleged acts do not demonstrate deliberate and malicious intention to outrage religious feelings.
Submissions/Arguments
Petitioners argued that the FIR lacked essential ingredients of Section 295-A IPC as there was no deliberate and malicious intention to outrage religious feelings.
State opposed the petitions, submitting that the FIR disclosed a prima facie case.
Ratio Decidendi
For an offence under Section 295-A IPC, deliberate and malicious intention to outrage religious feelings is an essential ingredient; mere possibility of offence is insufficient. The FIR must disclose such intention, and in its absence, the FIR is liable to be quashed.
Judgment Excerpts
Inasmuch as both the present writ petitions emanate from an identical factual matrix and give rise to common questions of law, this Court considers it appropriate and expedient to dispose of the same by a common order.
The present Criminal Writ Petitions are instituted by the Petitioners laying challenge to the registration of First Information Reports bearing C.R. No. 265 of 2010 dated 27 November 2010, registered with Pydhonie Police Station, for the alleged offences punishable under Section 295-A read with Section 34 of the Indian Penal Code.
Procedural History
The petitioners filed two separate writ petitions challenging the same FIR. The court heard both together and disposed them by a common order.
Acts & Sections
- Indian Penal Code, 1860: 295-A, 34
