Important Points
1. Law Court would not thwart any investigation and criminal proceedings by quashing FIR unless FIR itself did not disclose any offence.
2. To attract penal provisions of Section 295A IPC, it is not necessary that person whose feelings have been hurt must belong to a particular religion it is sufficient that he must be following a particular class whose religious belief has been hurt.

JUDGMENT

A.M. Kapadia, J. - In this batch of 11 petitions filed under Article 226 of the Constitution, petitioners against whom First Information Reports have been registered at various police stations of different Districts of State of Gujarat, details of which are shown below in this judgment, for alleged commission of offences mainly under Sections 295-A, 505, 120-B and 114 of IPC, seek to challenge the registration of the said FIRs and have prayed to quash and set aside the said FIRs as also the investigation pursuant thereto, by issuing appropriate writ, order or direction to respondent No. 3, State of Gujarat and its subordinate officers.

2. Common questions of law and facts are involved in this batch of peti-tions and FIRs which are sought to be quashed are filed for alleged commission of similar offences in all the FIRs by disciples of Swadhyaya Group headed by late Shri Pandurang Shastri Athavle. Further, the petitioners are almost common in all the petitions and, there-fore, with the consent of the learned advocates appearing for the parties, all the petitions are heard together and decided by this common judgment.

3. In this batch of petitions, 11 FIRs are filed by the complainants at various police stations of different Districts of State of Gujarat which are sought to be quashed, the details whereof are as under :

Sr. SCR.A Cr. Police Name of Name of

No. No. of 2004 No. of 2004 Station Complainant accused

1. 666 I-115 S'nagar Sahadevsinh Yashwant

City Dilubha Zala Venilal

Sanghvi

and Ors.

2. 667 I-47 Kotda Majbutsinh Yashwant

Sangani Bachubha Venilal

Jadeja Sanghvi

and Ors.

3. 668 I-83 Gandhi- Atulbhai Yashwant

gram P. Raval Venilal

Sanghvi

and Ors.

4. 669 II-3044 Prabhas Keshubhai Yashwant

Patan Ramjibhai Venilal

Vaishya Sanghvi

and ors.

5. 673 II-3067 Keshod Bhavanbhai Yashwant

Gehlabhai Venilal

Limbasiya Sanghvi

and ors.

6. 675 II-3026 Chorwad Najabhai Yashwant

Ramabhai Venilal

Ram Sanghvi

and ors.

7. 676 II-3040 Prabhas Keshubhai Yashwant

Patan Ramjibhai Venilal

Vaishya Sanghvi

and ors.

8. 677 I-70 Kamla- Rambhai Yashwant

Baug, Gangabhai Venilal

Porb- Kadachha Sanghvi

andar and ors.

9. 678 I-290 Pradyu- Nileshbhai Yashwant

man N. Rathod Venilal

Nagar, Sanghvi

Rajkot. and ors.

10. 679 I-65 Upleta Jamalbhai Yashwant

Nagabhai Venilal

Bheda Sanghvi

and ors.

11. 680 II-3051 Veraval Chhotalal Yashwant

City Raghunath Venilal

Gohel Sanghvi

and ors.

4. In order to appreciate in better perspective and to adjudicate the contro-versy raised in this batch of petitions, it would be advantageous to refer to the facts stated in the complaint annexed to Special Criminal Application No. 666 of 2004 wherein relief sought for is quashment of the FIR registered vide CR No. 115 of 2004 at Surendranagar Police Station for alleged commission of the offences under Sections 295-A, 505-C, 120-B and 114 of IPC.

5. The averments made in the FIR manifest that the informant Saha-devsinh Dilubha Zala (‘the complainant’ for short), a resident of Surendranagar, claims to be a disciple of Swadhyaya Parivar, the movement of which was started by late Shri Pandurang Athavle Shastri. It is alleged against the present petitioners, who, according to him, are the associates of “Jagrut Parivar”, that they have printed and published a booklet having defamatory writings in the name of “Jagrut Parivar” by hatching conspiracy against Pandurang Athavle Shastri and religious activities of “Swadhyaya Parivar” and spreading the booklet and thereby they have committed offence of abetting each other to hurt religious feelings of “Swadhyaya Parivar” and to raise communal disputes and to create fear among people.

6. It is, in