JUDGMENT (PER : Hiten S. Venegavkar, J) :-

1. Rule. Rule made returnable forthwith.

2. With the consent of parties, application is taken up for final

hearing and disposal at the admission stage itself.

3. Before we proceed to decide the present criminal application filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C") on the basis of its factual matrix, arguments of the respective lawyers and legal pronouncements of the Hon'ble Apex Court, we must mention that the present application invites the Constitutional Court once again to answer the recurring question that falls in the midst of free speech and criminal law. In a situation to analyze as to when and in what narrow circumstances, can offensive words uttered in the heat of quarrel be leveled from their context and made to bear the weight of an aggravated offence such as one under Section 295 A of Indian Penal Code. The issue in our view cannot be answered merely on the basis of facts and circumstances but requires stricter and constitutional principles and safeguards guaranteed by the Constitution of India under Article 19 and also by keeping in mind the aims and object with which Indian legislature has draft