IMPORTANT POINT
The judgment established that intention is crucial for offences under IPC Sections 295-A and 153-A, and emphasized the need for proper legal procedures in taking cognizance of such offences.

ORDER :

(PER : SMT. VIBHA KANKANWADI, J.)

1. Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing criminal proceedings in Sessions Case No.121/2019 pending before learned Additional Sessions Judge, Aurangabad arising out of offence vide Crime No.223/2018 dated 14.08.2018 registered with Khultabad Police Station, Dist. Aurangabad, for the offence punishable under Sections 295-A, 153-A of the Indian Penal Code, 1860 and under Section 3(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity hereinafter referred to as “Atrocities Act”).

2. Heard learned Advocate Mr. R.V. Gore for applicant, learned APP Mr. V.K. Kotecha for respondent No.1 and learned Advocate Mr. P.B. Vikhe Patil for respondent No.2.

3. It has been vehemently submitted by learned Advocate for applicant that perusal of First Information Report would show that one Rajesh Baburao Waghmare had posted a post in respect of Bharatratna late Dr. Babasaheb Ambedkar on the informant’s mobile around 20.51 hours on 09.08.2018. Since it was objectionable post, informant felt insulted and gave a call to said Rajesh Waghmre and asked him who has posted the said post. Rajesh Waghmare told him that the said post was posted by one Chitte on WhatsApp of one Raju Patole and Chitte had also posted the said post on the WhatsApp of Rajesh Waghmare. Therefore, the informant and persons from his community made inquiry about the said post and came to know that the applicant had posted it on the WhatsApp group by name “Only Bhau” of Padali from his mobile. Therefore, the First Information Report has been lodged. In fact, police have not investigated as to whether the said post was created by the applicant. In fact, when he came to know about the objectionable post wrongly forwarded by him, he had tendered apology immediately on the group itself. The origin of the post has not been traced out by the police and, therefore, the applicant cannot be held responsible for the same, when even as per the First Information Report, the other persons had also forwarded the said post on the mobile of other persons. There was no intention on the part of applicant to hurt feelings of any community. The ingredients of offence under Section 153-A, 295-A of the Indian Penal Code and 3(v) of the Atrocities Act are not at all attracted. In fact, when the First Information Report came to be lodged initially, it was only under the Indian Penal Code Sections. It would be unjust to ask the applicant to face the trial.

4. Per contra, learned APP as well as learned Advocate appointed to represent the cause of respondent No.2 strongly opposed the application and submitted that if we consider the post that was posted, then certainly there was intention to defame one of the respected personalities, who was amongst the committee who framed our Indian Constitution. The objectionable part in the same as it was appearing is a photo, in which a person was seen urinating on the photograph of Dr. Babasaheb Ambedkar. Certainly, such act was not only objectionable but it was with an intention to cause prejudice to the harmony in the society and the religious feeling of the entire community from which the informant and the witnesses were belonging and, therefore, this cannot be considered as a fit case where the inherent powers of this Court under Section 482 of the Code of Criminal Procedure can be exercised.

5. The facts those are revealed in First Information Report would show that informant was not the first person who had seen the said post. In fact, he had seen the post which was then forwarded to him by witness Rajesh Waghmare. The link is that even Rajesh Waghmare had received the said post from Chitte. Chitte had also forwarded the said post to Raju Patole and then it is said that when inquiry was made, it was found that it was posted in one group on WhatsApp which was by name “Only Bhau” from village Padali, Tq. Kh