JUDGMENT :

J.B. Pardiwala, J.

RULE returnable forthwith. Mr. L.B.Dabhi, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr. Nitin Gandhi, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.9868 of 2013 pending in the Court of the learned Metropolitan Magistrate, Court No.16, Ahmedabad, arising from the Inquiry Case No.19 of 2011. The Criminal Case is for the offence punishable under Sections 463, 464, 465, 295A, 120B read with Section 34 of the Indian Penal Code as well as under the provisions of the Juvenile Justice Act, 2000.

3. It appears from the materials on record that the respondent no.2 herein, original complainant, lodged a private complaint against the applicants herein for the offence enumerated above in the Court of the learned Metropolitan Magistrate, Ahmedabad. The learned Metropolitan Magistrate ordered a magisterial inquiry under Section 202 of the Code. On conclusion of the magisterial inquiry, the learned Magistrate ordered issue of process for the offence enumerated above.

4. It appears that thereafter the recording of pre-charge evidence commenced. On 30th May 2014, the examination-in-chief of the complainant was completed and the cross- examination had also commenced. It is at that stage that the present application was filed by the applicants herein praying for quashing of the criminal proceedings.

5. The case of the complainant in brief is as under :

5.1. The issue raised by the complainant is quite serious. The accused no.1 is a trustee of one 'Sanmarg Prakashan' which publishes a magazine in the name of 'Sanmarg'. This particular magazine is being used as a tool to lure and encourage people of the Jain community to renounce the world by taking 'diksha'. It is alleged in the complaint that in the name of the religion very young children are being misguided, misled and lured to renounce the world and take 'diksha'. It is the case of the complainant that false and fabricated articles are being published in the said magazine. It is the case of the complainant that one complaint was lodged in that regard before the Commissioner of Police at Mumbai on 23rd June 2010. The Commissioner of Police at Mumbai took serious note of the same but since the offence is alleged to have been committed within the jurisdiction of the State of Gujarat, the said complaint was not entertained and the complainant was asked to file the complaint before the Court of the learned Magistrate at Ahmedabad.

5.2. The accused no.2 is a Spiritual Guru of the Jain Swetambar Murtipujak Sangh. The accused no.2 being the Guru of the said Sangh is alleged to be a strong believer of the rituals, by which the children between the age group of 8 to 10 years are encouraged to renounce the world and take 'diksha'. It is alleged that the accused no.2 has been falsely spreading the message to renounce the world and take 'diksha'. It is further alleged in the complaint that in the magazine referred to above, there is a reference of a notification alleged to have been issued by the Government of India permitting such 'Bal Diksha'. After due verification and confirmation from the concerned department of the Government of India, it came to the notice of the complainant that no such notification had ever been issued and a forged notification has been created by the accused persons which has been referred to above in the article published in the magazine.

6. Thus, the sum and substance of the case of the complainant is that the accused persons have created a false document in the form of a notification said to have been issued by the Central Government, the same was published in the magazine referred to above, thereby misleadi