( 1 ) HEARD both sides.

( 2 ) THIS petition under Section 482 of Cr. P. C. seeks quashing of the proceedings in Crime No. 230 of 1997 registered at Asifnagar P. S. , Hyderabad for an offence under Section 153-A of I. P. C.

( 3 ) THE first information report in question appears to have been registered suo motu by the police as the offence is said to have been committed in the presence of police officer in connection with protest rally planned for 6-12-1997 against the demolition of Babri Masjid.

( 4 ) ACCORDING to the allegations in the first information report, while Inspector of Police Mr. A. Laxmanna and party were moving in the area concerned on 5-12-1997 at about 10. 30 a. m. they are said to have noticed the petitioner herein Mohd. Khalid Hussain appealing to the people of Muslim community who had gathered there for reconstruction of the mosque at the original place. It is further stated he was telling in such a manner which promotes enmity between two communities on religion basis and thereby instigating the community to indulge in violence and to disturb the peace and communal harmony accusing other community as a responsible in demolition of Babri Masjid on 6-