JUDGMENT - M.L. PENDSE, J.:---The State of Maharashtra has filed this petition on November 28, 1988 under section 482 of the Code of Criminal Procedure for quashing Criminal Case No. 53 Misc. of 1988 filed by respondent No. 1 in the Court of Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay and Criminal Case No. 55 of 1988 filed by respondent No. 2 before the same Court. Both the criminal cases are filed against respondent No. 3 for having committed offences under sections 153, 296 and 298 of the Indian Penal Code. The facts leading to filing of this petition are as under :

2. The respondent No. 3 is a religious head of sub-sect of Islam known as "Dawoodi Bohra" sect. The Dawoodi Bohras are Shia Muslims and respondent No. 3 as has large number of followers both in India and abroad. The principal mosque of Dawoodi Boharas community is located on Saifee Jubilee Street and is known as Saifee Masjid. The area where this mosque is situate is densely populated and near about this mosque, there are mosques of Sunni Muslims. The Muslim community observed Moharrum between August 15 and August 24, 1988. There are religious differences between Shias and Sunnis and these diff

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