PUNJAB AND HARYANA HIGH COURT
Pankaj Jain, J.
Rana Jung Bahadur – Petitioner
versus
State of Punjab – Respondent
CRM-M-11320-2023
Decided on 7.8.2024
Indian Penal Code, 1860 – Sections 295 and 295-A [Bharatiya Nyaya Sanhita, 2023 – Sections 298 and 299] – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3 – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Outraging religious feelings – Gravamen of allegations against petitioner is reference by petitioner to Maharshi Valmiki Ji as a dacoit in early part of his life – Whichever religion it may be, worshiped Gods were born as humans – Owing to their contributions to society and strength of their character, they attained divinity – Inspired by them and believing numina, people started worshiping them – Journey from ‘Nar to Narayan’ is not only embedded in ethos of India but is also true to religions born outside India – Tale regarding transformation of Maharishi Valmiki is part of folklore and scriptures thought it may not be to liking of complainant – It is a case wherein necessary ingredients to constitute offences punishable under Sections 295/295-A of IPC and Section 3 of SC/ST Act are missing and continuation of proceedings against petitioner will result in miscarriage of justice – FIR and all subsequent proceedings arising thereto quashed qua petitioner. (Paras 14, 16, 18 and 19)
Result: Quashing Petition allowed.
JUDGMENT
Pankaj Jain, J.—The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C. by the petitioner seeking quashing of (i) FIR No.67 dated 10th of June, 2022, registered for offences punishable under Sections 295, 295-A IPC, Section 3 of SC/ST Act (added later) at Police Station Navi Baradri, District Jalandhar; (ii) FIR No.167 dated 11th of June, 2022 registered for the offence punishable under Section 295 IPC, at Police Station Cantonment, District Police Commissionerate, Amritsar and all subsequent proceedings arising thereto.
2. The FIR stands registered on the information supplied by one Jassi Tallan, Punjab President, Guru Ravidas, Tiger Force, Punjab alleging as under :
“xxx it is requested that the sentiments of our entire Valmiki Community and Ravidasiya community has been hurt because Punjabi film actor Rana Jang Bahadur Singh has made a wrong comment about Bhagwan Valmik Ji. He has said that Bhagwan Valmik Ji was a bandit and then he came to know that it is wrong history and was not written in any history. With these words, our heart has been hurt and he has worked to incite riots. A case should be registered against him under the SC/ST Act and other offences. SD (English) Jassi Tallan Punjab President Guru Ravidas, Tiger Force Punjab 9530936464. Police Proceedings:- Today I ASI alongwith S/CT Inderjit Singh 1998 was present at Police Station, then Night MHC Police Station handed over me a Application No.95-5BH dated 9.6.2022 by Jassi Tallan Punjab President Guru Ravidass Tiger Force, Punjab and respectable persons against film actor Rana Jang Bahadur for making wrong comments against Bhagwan Valmiki Ji, marked by Station House Officer. From the statement, prima-facie offence punishable under Section 295 IPC is found to be made out. On which after writing police proceedings, handed over to MHC Police Station for registration of the case. After registering the case, number FIR should be informed. After issuing special report, the same should be sent in the service of Illaqa Magistrate and Senior Officers. Station House Officer should be informed from Control Room. Sd/ Gurinder Singh ASI, Police Station Navi Baradari, Commissionerate Jalandhar dated 9.6.2022. Today at Police Station: Upon receiving the above said statement at Police Station, the above said case under above said offence has been registered. xxx”
3. The FIR is based upon comments made by the petitioner while giving an interview to a Punjabi News Channel on 9th of June, 2022. The petitioner who claims to be an actor and that he has contributed to the Hindi and Punjabi Cinema having worked in more than 500 films in a career spanning over 40 years, was asked about exhibition of gun violence in cinema and its effect on youth. Responding to the said question of the reporter, the petitioner claimed that the young men are not becoming gangsters being influenced by cinema. He further claimed that social maladies like rape, dacoity etc. were prevalent in the society much before cinema came into being. In order to support his answer the petitioner further commented as under :
“Valmiki ji, was a dacoit in his early days but people did not become dacoit getting influenced from him, Valmiki ji later wrote “The Ramayana’, but no body got influenced from his writing and the learning contained therein, to work towards the upliftment of the society. Thus, the influence on the youth is an outcome of one’s upbringings and the surroundings”
4. Counsel for the petitioner while praying for quashing of the criminal proceedings and the FIR(s) registered on the basis of aforesaid utterances would submit that no offence punishable under Sections 295/ 295-A of the IPC and Section 3 of the SC/ST Act is made out against the petitioner. He thus submits that the allegations being totally discrepant, it is a case which would fall within the parameters for exercise of jurisdiction under Section 482 Cr.P.C. as enumerated by Apex Court in the
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