Case Note & Summary
The petitioner, Mr. Vineet Kacker, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No. CR 185 of 2008 registered with Colaba Police Station, Mumbai. The FIR was lodged by respondent No.2, Mr. Arvind Gawde, against the petitioner and one Jeetu Hinduja for offences punishable under Sections 295-A and 34 of the Indian Penal Code, 1860. The complainant alleged that the petitioner, in collusion with the organiser, exhibited 'Kharaus' (slippers) made from ceramic stone with images of Hindu Gods and Goddesses sketched on them, thereby hurting the religious feelings of Hindus. The petitioner contended that the FIR did not disclose deliberate and malicious intention to outrage religious feelings, which is an essential ingredient of Section 295-A IPC. The learned counsel for the petitioner relied on the Constitutional Bench decision in Ramji Lal Modi v. State of U.P., 1957 SCR 860, the Supreme Court decision in Mahendra Singh Dhoni v. Yerraguntla Shyamsunder, (2017) 7 SCC, and the Bombay High Court decision in Bhau Shankarrao Suradkar v. State of Maharashtra, 1999 (2) Mh.L.J. The learned APP opposed the petition, arguing that the FIR disclosed a cognizable offence. The court, after hearing the parties and examining the FIR, held that the allegations did not disclose deliberate and malicious intention to outrage religious feelings, and therefore the offence under Section 295-A IPC was not made out. The court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Section 295-A IPC - Deliberate and Malicious Intention - The court examined whether the FIR alleging exhibition of slippers with images of Hindu Gods and Goddesses disclosed the essential ingredient of deliberate and malicious intention to outrage religious feelings. Held that the FIR did not disclose such intention and the offence under Section 295-A IPC was not made out. (Paras 3-7) B) Criminal Procedure Code, 1973 - Section 482 - Inherent Powers - Quashing of FIR - The court, exercising powers under Article 226 of the Constitution and Section 482 CrPC, quashed the FIR as the allegations did not constitute a cognizable offence. (Paras 3, 7) C) Indian Penal Code, 1860 - Section 295-A - Ingredients - The court relied on the Constitutional Bench decision in Ramji Lal Modi v. State of U.P. to hold that the section requires deliberate and malicious intention, and mere possibility of hurt to religious feelings is insufficient. (Para 5)
Issue of Consideration
Whether the FIR discloses the essential ingredients of Section 295-A of the Indian Penal Code, 1860, particularly deliberate and malicious intention to outrage religious feelings of any class of citizens.
Final Decision
The court quashed the FIR bearing CR No.185 of 2008 registered with Colaba Police Station and all proceedings arising therefrom.
Law Points
- Section 295-A IPC requires deliberate and malicious intention to outrage religious feelings
- mere possibility of hurt not sufficient
- FIR must disclose mens rea
- quashing under Section 482 CrPC and Article 226 when no offence made out
