JUDGMENT:-(PER BHARATI DANGRE J)

1. Being aggrieved by filing of a case by Mr. Narinder

Makkar a resident of Ludhiana, praying or registration of an offence

against the petitioner under Section 295 A, and 298 of IPC, the

petitioner has approached this Court for its quashing.

The petitioner Kailash Kher, a well-known singer,

claiming a good reputation in the society at large and is well-known

for his music composition and the songs which he has sung for

various films and programs is contemplating action pursuant to the

complaint filed before the Judicial Magistrate, Ludhiana in the

background that the respondent no.3 Sony Music Entertainment Pvt

Ltd, having its registered office in Santacruz (West) Mumbai had

telecasted a video album of a song through various networks and

since the petitioner is choreographed in the said song along with

many other artists, the respondent no.2 being aggrieved approached

the Court in Ludhiana, where he filed the complaint.

2. The complaint being annexed at Exhibit B to the petition

described the complainant as a worshiper of Lord Shiva and on

gaining knowledge about release of a new album ‘Kailasa Jhoomo re’

he purchased a CD and watched the song ‘Babam Bam’. The

grievance in the complaint reads as below:-

“3. That the complainant came to know regarding the New Album

of accused no.1 Kailasa Jhoomo re from his friend namely Aswani

Jhony. Thereafter the complainant purchased a C.D. of accused no.1

and after watching his one of the song “BABAM BAM”. In this song

the accused no.1 is singing the song of SHIV SHANKAR with a girl

wearing clumsy and very short clothes. In this song a girl and boy are

also kissing to each other & vulgarity is being shown in this song.

Some part of the song the police also came there and after receiving

some money they left the spot and in the end of the song they are

burning a flag upon which a heart is printed. After seeing this song

religious feelings and emotions of the complainant have been gravely

hurt. The accused no.1 deliberately sung this song intent to bound the

religious feelings of religious persons have performed this song by

causing religious insultation and have outrage the feelings of the

complainant. This act and conduct of the accused no.1 is illegal

against the religious feelings of the complainant, which gives the

cause of action to the complainant to file this complaint against the

accused. Thereafter the complainant alongwith Aswani Jhony went to

Salem Tabri Police Station and requested them to register a case

against the above said accused but they flatly refused to listen the

complainant rather make mockery of the complainant. Original C.D.

and copy of D.V.D. are attached herewith for kind perusal of this

Hon’ble Court.

That the accused No.1 has committed an offence u/s

295, 298 IPC and they be summoned to the face trial.”

3. In the wake of the aforesaid accusation, it is prayed by

the complainant that the accused persons be summoned, tried and

punished according to law in the interest of justice.

4. Before, any action could be taken on the said complaint,

the petitioner approached this Court and on 4/07/2014, the following

order was passed:-

“1. Issue notice to Respondent Nos.1 to 3, returnable on

14/08/2014. Mrs. Kantharia, the learned APP appearing on behalf of

the State waives service of notice on behalf of the State. In the

meantime, no coercive steps be taken by Mumbai Police or warrant if

issued by Ludhiana Court is stayed till the next date.

2. Stand over to 14/08/2014.”

The interim order to the above effect continue to remain

in operation till date.

5. We have heard learned counsel Mr. Saraogi for the

petitioner, learned Additional Public Prosecutor,Ms. D.S. Krishnaiyar

for the State.

Rule. Rule is made returnable forthwith. Heard finally

by consent of the respective counsel.

At the outset, the learned PP would raise an objection

about maintainability of the petition before this Court, since the relief

sought in th