Judgement

B. P. SINHA, J. : The only question for determination in this appeal by special leave, is whether the petition of complaint, disclosed a prima facie offence under S. 295 of the Indian Penal Code. The courts below have taken the view that it did not, and on that ground, it stood summarily dismissed, before evidence pro and con had been recorded.

2. It appears that the appellant filed a petition of complain in the court of the Additional First-Class Magistrate, Tiruchirappalli, against the respondents, three in number. The petition of complaint alleged inter alia that the first accused is the leader of Dravida Kazakam (a community of persons who profess to be religious reformers, one of whole creeds is to carry on propaganda against idol worship), and as such, he was out to "vilify a certain section of the Hindu community and do propaganda by holding meetings and writing articles". It is further alleged in the petition of complainant that recently, the first accused "announced his intention of breaking the image of God Ganesa, the God sacred to the Saiva Section of the Hindu Community on 27-5-1953, in a public meeting at Town Hall. This caused terror-commotion in the mind of