2008 Supreme(All) 1263
[2008(6) ADJ 5 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
MANGALORE GANESH BEEDI WORKS ........Applicant
Versus
GOKALESH PATHAK AND ANOTHER ........Opposite Parties
(Criminal Revision No. 1580 of 1993, decided on 27th May, 2008)
Advocates:
Counsel :
Sudhanshu Dhuliya, Himanshu Kane and Shashi Kant Shukla for the Applicant; Prashant Agarwal, A.G.A. for the Opposite Parties.
Headnote:Criminal Procedure Code, 1973—Sections 397, 200, 202, Chapter XV—(Indian) Penal Code, 1860—Sections 295-A, 298 and 504—Trade and Merchandise Act, 1958—Sections 23, 11 and 32—Complaint—Summoning order—Quashing of—Complainant is a follower of Hindu religious and belongs to a Brahman family—Accused Mangalore Ganesh Beedi Works is depicting picture of Lord Ganesh at its Bidi product as a result of which religious susceptibility of Hindu are being hurt—Magistrate summoned applicant under Section 298 of IPC only—From allegations levelled in complaint—It is nowhere mentioned that feelings of Hindu were hurt—No specific allegation in complaint—Which cannot be taken as commission of any offence—Ingredients of Section 298 of IPC are not satisfied—Which is sine qua non for summoning of any person as an accused—No offence made out—Summoning order set aside. Revision Allowed.
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