( 1 ) THIS is an application under sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings in Criminal Case No. 96/82 against the applicants for the offence under section 500 Indian Penal Code pending in the Court of Judicial Magistrate, First Class, Jabalpur.

( 2 ) APPLICANT No. 2 is the Editor and/publisher for fortnightly Hindi magazine Santa Published from New Delhi, having wide circulation. In the two issues of September 1981 (Nos. 633 and 634) an article written by the applicant No. 1 was published under the caption Tulsi Ke Ramt criticising Tulsidas for depicting Ram, the here of the epic Ramayana, in such a manner that though Ram was intended to be an incarnation of god, he was shown as an ordinary mortal with all the human weaknesses, with the result that it has not served the interests of Hindu society. The non-applicant claims himself to be a traditionalist Hindu, a scholar, a teacher and a devotee of Shri Ram, as depicted in by Tulsidas in Ramcharit Manas and he has profound regard for Sant Tulsidas. He filed the present complaint under sections 500 and 505 Indian Penal Code alleging that the aforesaid article TTulsi Ke Ram published in the two issues of Santa has abused Sant Tulsidas who is being honoured and respected for well over 400 years not only in India out all over the world for his literary work and he has been described as of uncivilized mind, of corrupting influence and of law thoughts. The applicants have falsely blamed and abused lord Shri Ram and posed themselves as great scholars. They have set up one section of the Hindus against the other section. Since Sant Tulsidas died in 1680 and so he is not in a position to defend him, though after his death he has been a source of inspiration for the Hindus. So it is necessary to decide the charges leveled against Sant Tulsidas and to punish the applicants for defaming him, his work Ram Chant Manas and Lord Shri Ram.

( 3 ) THE grievances of the complainant are specially about the following passages in the article: (a In his emotion Tulsidas has created character of Ram, which is dirty and shameful. He tried to depict Ram as incarnation of god but actually Ram has not even been shown as a good man, he has imposed his uncivilized mind and narrow though son Ram, no one has corrupted Ram as much as he has done. (b) Ram has been depicted as liar, unjust, trickster, of no understanding, believer in casteism and slavery, giver of all protection to criminals, whimsical and of low taste, lover of flattery and Kshatriya chief whose own brother used to stand before him with folded hands as a slave, he had declared that any who dared to walk before him in silently with raised head, he would out his head but one who bowed down before him, he would give him all protection, this shows him not as a protector of poor but as a feudal lord. (c) By praising all the vices of Ram as his good qualities, Tulsidas has tried to throw dust on the god fearing Hindus, it is difficult to find another example of such a mean attempt to misguide others; and (d) Instead of doing good to all in Ram Chant Manas, majority of Hindus i. e. non-Brahmins have been made helpless and backward while Brahmins have been made proud, shirker and hypocrats. So much encouragement has been given to blind faith, hypocracy, falsehood and corruption, as a result a majority of the people have started treating Ram Chant Manas as an unwanted and useless work.

( 4 ) AFTER recording statement of the non-applicant, the complaint was registered under sections 500 and 505 Indian Penal Code and process issued to the applicants as the Magistrate found prima facie case against them. On 10-2-1982 the applicant No. 2 appeared through his counsel and applied for exemption from personal appearance on the ground that he is of advanced age and keeping indifferent health. Another application was filed under sections 196/199 of the Code of Criminal Procedure for q