The main legal point established in the judgment is that for an act to fall within the mischief of Section 295-A of the IPC, it must be perpetrated with deliberate and malicious intention to outrage religious feelings, and the truth of the allegation is not a defense.

JUDGMENT

Arun Kumar Tyagi, J. (Oral). - The petitioner-Tilak Raj has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of FIR No. 268 dated 17.09.2019 registered under Section 295-A of the Indian Penal Code, 1860 (for short 'the I.P.C) at Police Station City Kapurthala, District Kapurthala (Annexure P-l).

2. Briefly stated the facts giving rise to filing of the present petition are that on 17.09.2019 respondent No.2 Bagga Singh alongwith Deepak Gill, Puran Singh and Kiran Devi went to Police Station City Kapurthala and Bagga Singh made statement alleging that he is working in Post Office Department and at present his job is Dak employee in Village Post Office, Bhano Langa. On 16.09.2019 accused-Tilak Raj (present petitioner) called a meeting in the Post Office, Kapurthala regarding opening of account in the Post Office as well as regarding deposit of forms in the accounts. He, Deepak Gill, Puran Singh, Kiran Devi and other employees of post office Kapurthala were present at Post Office Kapurthala who were all associated with Balmiki fraternity. During the meeting, the petitioner-accused started addressing them that Bhagwan Valmiki originally used to commit thefts and dacoity and even used to kill persons and if he could improve himself then they could also improve themselves. On hearing such offending and indecent words uttered by the petitioner-accused against Bhagwan Valmiki, religious feelings of the persons present in the meeting were hurt. As the statement disclosed commission of offence punishable under Section 295-A of the I.P.C., the above said FIR was registered. The petitioner-accused was arrested on 17.09.2019 and was subsequently released on bail vide order dated 24.09.2019 (Annexure P-2) passed by learned Additional Sessions Judge, Kapurthala. Due to his detention for more than 48 hours, the petitioner was placed under suspension till further order vide order dated 27.09.2019 (Annexure P-4). The matter is pending investigation.

3. The petitioner has sought quashing of the FIR on the grounds that the petitioner himself is a member of the Scheduled 'Gaddi' Tribe vide certificate dated 15.06.2009 issued by Sub Divisionsal Magistrate, District Chamba, Himachal Pradesh (Annexure P-5). Respondent No.2-complainant has given affidavit dated 22.10.2019 (Annexure P-6) before the police that FIR in question was got registered under communication gap and misunderstanding. Other persons present during the meeting have also made similar statements. Puran Singh has also given similar affidavit (Annexure P-7). FIR in question is nothing but an abuse of process of law and deserves to be quashed. Even, if the allegations made in the FIR are taken on their face value, no offence whatsoever, much less an offence under Section 295-A of the I.P.C., is made out against the present petitioner. The petitioner has accordingly prayed that the above-said FIR and also consequential proceedings arising therefrom may be quashed.

4. Vide order dated 30.10.2019 notice of the petition was given to the respondents.

5. Reply by way of affidavit of Mr. Harinder Singh, P.P.S., Deputy Superintendent of Police, Sub Division Kapurthala was filed on behalf of respondent No.l-State of Punjab. In the reply, it has been submitted that the petitioner-accused had made remarks regarding Bhagwan Valmiki which hurt the religious feelings of respondents No.2 and other persons from Balmiki community present in the meeting. The petitioner accused was arrested on 17.09.2019 and the case is still under investigation and on completion of investigation the final report/challan under Section 173 of the Cr.P.C. will be presented in the Court of learned Illaqa Magistrate, Kapurthala against the petitioner-accused. No such affidavit or statement as alleged by the petitioner-accused regarding lodging of FIR under under any communication gap/misunderstanding have been submitted/made to the police.

6. Mr. Shaur