The court ruled that self-proclaiming as a religious figure, intending to outraging communal sentiments, justified continued investigation under Section 295A IPC.

JUDGMENT

Jasgurpreet Singh Puri, J. - The present is a petition filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.152 dated 23.12.2022, under Section 295A of IPC, registered at Police Station Division E, District Police Commissionerate, Amritsar, Punjab and all the consequential proceedings arising therefrom.

2. A translated copy of the aforesaid FIR which has been so attached by the petitioner alongwith the present petition as Annexure P-1 is reproduced as under:-

'To, The Police Commissioner, Sri Amritsar. Subject:-Regarding complaint against Sanjay Rai son of R.M.Rai. Sir, the Shiromani Gurdwara Prabandhak Committee, Sir Amritsar is lawful organisation constituted under Gurdawaras Act, 1925. Its Head Office is at Teja Singh Samundri Hall, Sri Amritsar Sahib and it has got the rights for doing legal administrative proceedings of very kind with this name as per Gurdwara Act. As per the report received from the Research Scholar of Shiromani Committee with regard to the complaint received from Sikhs and general public of the Illaqa against Sanjay Rai son of R.M. Rai, resident of Flat No.419, Phase-5, Mayur Vihar, Delhi at present resident of Ashram Village Palakhi, Police Station Bhogrwan, Teshil Indora, District Kanga (Himachal Pradesh) (Photocopy of which is enclsoed herewith). In the video sent by the people of that area the person named Sanjay Rai who by claiming himself as incarnation of Sri Guru Nanak Dev Ji's soul is falsely claiming of having twelfth sect and by staking the claim of having the entry of the soul of Sri Guru Nanak Dev Ji in himself, and under the dirty policy of insulting Sikh community and by misleading the people is hurting the prestige and honour of Sikhs. Such mischievous persons promotes the hypocrisy and also looting the poor and innocent persons too. You are requested that by taking this matter seriously and while registering the case under appropriate sections agianst Sanjay Rai and his associate persons for insulting Guru Sahib, hurting the religious sentiments of Sangat, looting the innocent persons and for breaking the communal harmony in the society and for misleading the people and strict action be taken against them. Yours faithfully, Sd/- Partap Singh, Secretary, Shiromani Gurdwara Prabandhak Committee, Sri Amritsar City'.

Submissions made by petitioner in person

3. The petitioner appearing in person submitted that the present FIR was an abuse of the process of law since no offence is made out in the present case against the petitioner. He submitted that he is reincarnation of Guru Nanak Dev Ji which can be proved by his current actions and spiritual knowledge. He submitted that he lives in an Ashram under the name of Satlok Ashram at Village Palakhi, Tehsil Indora, District Kangra, Himachal Pradesh as a Guru and performs various duties alongwith his chelas and there is a danger to earth and its occupants and only a Guru can sense such threat and provide a complete solution. He submitted that his claim which is true that he is reincarnation of Guru Nanak Dev Ji does not amount to deliberate and malicious intention of outraging the religious sentiments of any class of people. The complainant is an office bearer of SGPC which is a political body and they are running 'Dharam Ki Industry'. He further submitted that there is only one religion/dharam i.e. Sanatan Dharam and all others in reality are 'Panths' and not religion. He also submitted that rather all