Prior sanction of the Government is a mandatory requirement for initiating proceedings under Section 295-A of the Penal Code and failure to obtain such sanction means that the court has no jurisdiction to entertain and continue with such proceedings.

By this petition under S.482 of the Code of Criminal Procedure and Article 227 of the Constitution of India, the petitioner, Acharya Rajneesh of Bombay, challenges the issuance of notice dated 4-2-1986 by the Additional Chief Judicial Magistrate, Kullu, under Ss.295-A and 298 of the Penal Code in a complaint moved by complainant Naval Thakur under Ss.292, 293, 295-A of the Penal Code.

2. The essential facts, giving rise to this petition, are that the complainant, a resident of village Badah in Tehsil Kullu, moved a complaint against the petitioner alleging that he has been closely associated with certain Yogic Asthanas and Yoga Ashram under the guidance of Acharya Prakash Dev. Further, he stated that he has been associated with the Mahabudhi Society of India, New Delhi, and has been engaged in meditating and practically practising the Yogic Ashnas preached by the saints and seers of India. He was greatly influenced by the teachings of Swami Vivekananda and others to the world.

3. The further allegation is that the complainant visited Span Motel on 11-12-1985 at the residence of the petitioner on his birthday and the complainant, after having been shown by the police, sat there to watch him. The complainant sought an interview with the petitioner through his Private Secretary to find out the truth of the teachings of the petitioner but he was not given any appointment, although the Secretary of the petitioner had promised him to do so. It is also stated that a poster was distributed which advocated free sex and carefree life and enjoyment in the present world. Besides, the petitioner has published a book entitled "From Sex to Super Consciousness" in which he has strenuously stressed for sex to Samadhi and from Lust to Lord and from Kama to Rama. The petitioner, according to the complainant, has made slanderous attacks on the saints and seers of India. This book, he says, goes against the teachings and preachings of the Hindu scriptures, thus injuring the feelings of the complainant seriously. This book, he further says, is an obscene book and is available in the Government District Library at Kullu, which should have been banned and forfeited to the State Government since it not only injures the feelings of the people of Himachal Pradesh but also of the humanity at large. The complainant further alleges that the whole of Himachal Pradesh has been the abode of Rishis and Munnis and gods and goddesses but the petitioner, surrounded by moneyed people, will not only defile the poor Himachalis and lead them astray but also affect their plain and pure vision about the blessings of Lord Ramakrishna Paramhansa, who kindled the flames of spirituality throughout the world and by these teachings, the accused-petitioner will tarnish the whole image of spirituality and bring ruination to peace, serenity and calmness of the people in the area for all times to come. The complainant has placed, during his preliminary examination, pamphlet (Ex. P. 1) and book "From Sex to Super Consciousness" and a copy of the Weekly with interview of the petitioner, Dharamayuga (Ex. P. 2), which hit his religious sentiments. On the basis of the complaint and these documents, the trying Judge has issued notice to the petitioner on 4-2-1986 for offences under Ss.295-A and 298 of the Penal Code.

4. The petitioner has admitted his presence in Himachal Pradesh at Manali for 3 to 4 weeks for health reasons but has denied having given any speech or published or circulated any book or pamphlet at Kullu or Manali during this time. He asserts that during his life, he has his own views and beliefs. After passing through various phases in life, he is devoted to spiritual work, touring extensively, organising meditation camps, giving lectures, writing books of spiritual matters, meeting his followers-mostly intellectuals. His devotees have been picking up what they understood from his speeches and lectured, and tape recording the same and preparing audio cassettes freel