IMPORTANT POINT
No offence under IPC Sections 188 and 295(A) was established against the petitioner, leading to the quashing of the FIR due to political rivalry.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the First Information Report in connection with Pakur Nagar P.S. Case No.79 of 2021 registered for the offences punishable under Sections 188, 295 (A) of the Indian Penal Code and Section 51 (1) (b) of the Disaster Management Act, 2005 and the said case is now pending before the learned Chief Judicial Magistrate, Pakur.

3. The brief fact of the case is that the petitioner made a tweet in a social media inviting some words to be written against “Miyan Bhai.” The informant alleged that by such objectionable and obscene tweet by which the sentiments of persons of the society of the informant was hurt and basing upon the same, Pakur Town P.S. Case No.79 of 2021 has been instituted involving the offences punishable under Sections 188, 295 (A) of the Indian Penal Code and Section 51 (1) (b) of the Disaster Management Act, 2005.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence. The petitioner is a social worker and is the Vice-President of Zila Parishad, Pakur and belongs to a political party. The case has been instituted at the behest of the representative of the Chief Minister in Barhait Constituency; in retaliation of the Sanha lodged by the petitioner on 27.05.2021 against the said representative of the Chief Minister. It is next submitted that the informant is a political worker of the rival Ruling Party and only on account of political grudge and rivalry for wrecking vengeance; this F.I.R. has been lodged against the petitioner. It is next submitted that even if the allegations made against the petitioner as tweeted by him are considered to be true in its entirety still no offence punishable under any penal provision of law is made out against the petitioner. Hence, it is submitted that the prayer as made in this Cr.M.P. be allowed.

5. Learned counsel appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner to quash and set aside the entire criminal proceedings including the First Information Report in connection with Pakur Nagar P.S. Case No.79 of 2021 which is now pending before the learned Chief Judicial Magistrate, Pakur. Learned counsel for the opposite party No.2 submits that though no express word about the religion of the informant has been mentioned in the tweet but the words expressed in the tweet certainly indicate to the religion of the informant and the same is offensive in nature. Hence, keeping in view of the COVID-19 Prohibitory Guidelines prevalent at that time, the offences for which the F.I.R. has been registered, is made out against the petitioner and the investigation of the case is still going on. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, so far as the offence punishable under Section 295 (A) of the Indian Penal Code is concerned, the essential ingredients to constitute the offence punishable under Section 295-A of the Indian Penal Code are:-

(1) The accused insulted or attempted to insult the religion or religious feelings of any class of citizens of India by words, either spoken or written or by signs or by visible representation or otherwise.

(2) The said person did so (a) deliberately (b) malicious and intentionally in order to outrage the religious feelings of the said class of citizens.

7. The Hon’ble Supreme Court of India in the case of Mahendra Singh Dhoni vs. Yerraguntla Shyamsundar & Another reported in (2017) 7 SCC 760 had the occasion to consider the scope and impact of Section 295-A of the Indian Penal Code and it was observed that Section 295-A