Case Note & Summary
The petitioner, Dr. Malleshappa, a former Vice Chancellor of Hampi Kannada University, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the private complaint in PCR No.288/2014 and all further proceedings pending before the I-Additional Civil Judge and JMFC-I Court, Bijapur. The complaint was filed by the respondent, Kumar S/o Hanamappa Nidoni, an advocate, alleging offences under Sections 295, 295A and 298 of the Indian Penal Code, 1860 (IPC). The factual matrix reveals that the respondent read a newspaper dated 10.06.2014 reporting that the petitioner, on 09.06.2014 at a function in Bangalore Vignana Bhavana, spoke on the subject 'Moudyamukta Samaja' and quoted an experiment by Dr. U.R. Ananthamurthy. According to the report, the petitioner stated that the experiment proved that even if a person urinates on idols of god, it is not a wrongful act because idols made of stone have no power to save, serve, or destroy people. The respondent claimed that this statement hurt the religious feelings of Hindus. The petitioner argued that the statement was a philosophical opinion and did not constitute an offence under the cited sections. The court examined the essential ingredients of Sections 295, 295A and 298 IPC. It noted that Section 295 requires injury or defilement of a place of worship or an object held sacred, which was not alleged. Section 295A requires deliberate and malicious intention to outrage religious feelings, and the statement was not made with such intention. Section 298 requires deliberate intention to wound religious feelings, which was also absent. The court held that the allegations did not make out a prima facie case and that continuing the proceedings would be an abuse of process of law. Consequently, the court allowed the petition and quashed the complaint and all further proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Complaint - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not disclose any offence or if the continuation is an abuse of process of court. (Paras 1-2) B) Indian Penal Code - Offences Relating to Religion - Sections 295, 295A, 298 IPC - Essential Ingredients - For an offence under Section 295A, the act must be done with deliberate and malicious intention of outraging religious feelings. Mere expression of opinion or philosophical statement does not attract the section. (Paras 3-5) C) Indian Penal Code - Section 295 IPC - Injuring or Defiling Place of Worship - The section applies only to acts done in a place of worship or in respect of an object held sacred. The alleged statement was made at a public function, not at a place of worship. (Para 4) D) Indian Penal Code - Section 298 IPC - Uttering Words with Deliberate Intent to Wound Religious Feelings - The section requires a deliberate intention to wound religious feelings. The statement in question was a philosophical opinion, not intended to insult any religion. (Para 5) E) Constitution of India - Freedom of Speech and Expression - Article 19(1)(a) - Reasonable Restrictions - Article 19(2) - The right to free speech includes the right to express opinions on religious matters, subject to reasonable restrictions. The impugned statement did not exceed the limits of permissible speech. (Paras 3-5)
Issue of Consideration
Whether the allegations in the private complaint make out a prima facie case for offences under Sections 295, 295A and 298 IPC, and whether the continuation of proceedings would be an abuse of process of law warranting quashing under Section 482 CrPC.
Final Decision
The petition is allowed. The entire proceedings in PCR No.288/2014 pending on the file of I-Additional Civil Judge and JMFC-I Court, Bijapur, for offences punishable under Sections 295, 295A and 298 of IPC are quashed.
Law Points
- Section 482 CrPC
- inherent powers
- quashing of complaint
- no prima facie case
- Section 295 IPC
- Section 295A IPC
- Section 298 IPC
- freedom of speech
- Article 19(1)(a) Constitution of India
- reasonable restrictions
- Article 19(2) Constitution of India
- hurt religious sentiments
- deliberate and malicious intention
- essential elements of offence
- abuse of process of court
