IMPORTANT POINT
To constitute offence under section 295-A. I.P.C., intention to hurt religious feelings must be deliberate and malicious.

JUDGMENT

B.L. Yadav, J.- The revision under section 397/401 of the Code of Criminal Procedure 1973, (For short the Code), is directed against the order dated 26-3-1985 refusing to issue process against the opposite party nos. 1 to 4. Whereas by the same order the process was issued against Sri Ved Prakash Vajpayee, the author of the article Satsang Nagar Jahan Dharm ke Nam Par Apradhon ke Kheti Hoti Hai"

2. The short account of the events leading to the present revision is that at the distance of 226 km. from Patna City there a place named Deoghar where over about 500 acre of land, there is a Satsang town, one of the biggest religious centre of the country, which has got about 200 branches over different parts of the world. Its head office, however, is situate at Deoghar. The said religious institution is run by a trust Persons from different parts of the country, as also from abroad, collect thereon different suspicious days for meditation and religious discourses. This religious centre was founded by late Thakur Anukul Chand who was the incarnation of God as his disciples and followers accept it. The disciples have implicit faith, devotion in and profound regards for the late Anukul Chand, who left for his heavenly abode on 26-1-1969. After his death the Satsang is managed by Sant Amrendra Nath @ Barda Some criticism about the management of the Satsang was published in the weekly 'Dinman' dated 19-5-1984 (page 39 & 41). The said respectable Thakur Anukul Chand, used to propagate that all the religions of the world have got similar good qualities, hence to discriminate one religion from another was an incorrect approach. Every religion deals with the spiritual aspect.

In that article it was stated that a young man named Mehru Verma was killed at the instance of some followers of the Satsang and some criminals used to take shelter in that Ashram, that one Jogeshwar Ojha a servant of the Ashram, was also killed and there was molestation of a minor daughter of one Shanker Mahto, that Barda married thrice and even it was reported that he married his step sister. It was further stated that respectable Thakur Anukul Chand, who was supposed to be the incarnation of God, married thrice. There was some dispute about the property. Some pasture land was occupied by force and there was some dispute from nearby villagers. There was a plan by the Satsang in 1960 to bring the holy river Ganga besides the Ashram. The Satsang gets an annual income of 2 crores and sixteen lakhs which is subscribed by its devotees. The Satsang supplies free food and lodging to about 700-800 people. There are hospitals, colleges and goshala and philanthropically institutions connected with the Ashram. The employees of the Ashram put in hard labour, but some criminals conceal their identity in the Ashram.

3. On the basis of the contents of that article a complaint was filed on 27-7-1984 by the present applicant Shri K.K. Singh, who is a practicing lawyer of this Court and is a devotee of that Ashram, to punish the opposite parties including the Chairman/Managing Director of the 'Dinman' Weekly, its printer, publisher, Editor, Associate Editor, the author of the article and others for the offence under Sections 120-B, 153, 153-A, 292 to 294 and 295-A and 298 of the Indian Penal Code. After taking statements under sections 200 and 202 of the Code, the Magistrate by the impugned order dated 26-3-1985 issued process only against opposite party no 5, namely, Shri Ved Prakash Vajpayee, the author of the article, for offence under Sections 295-A and 298 I.P.C., whereas he r ejected the complaint against the rest of the persons against whom the present revision has been filed. By the present revision it has been prayed that the process may be issued under Section 204 of the Code against the present opposite parties also, as by the said article the offence under section 120-B (Criminal conspiracy to commit an offence), Section 153 (want only giving provocation with intent