O RDER

This petition has been filed seeking to quash the First Information Report in Crime No.671 of 2021 pending on the file of the first respondent.

2. The case of the prosecution is that due to dispute between the petitioners / Accused Nos.1 to 6 and some other villages with regard to the pathway to carry the dead body to the burial ground, the second respondent / defacto complainant, who is the Village Administrative Officer, made a complaint before the first respondent Police and the respondent Police registered a case in Crime No.671 of 2021 for the alleged offence punishable under Sections 153A and 505(1)(c) of I.P.C.

3. The learned counsel appearing for the petitioners would submit that the petitioners are the local residents of Rajakoor area. He would further submit that the petitioners were unable to bury the dead body due to pathway dispute between the petitioners and some other villagers in the same area. He would further submit that on 24.12.2021, one Aathan died in the petitioners’ Village and when the people of that area was taking his body through the aforesaid pathway to bury the dead body, some of the villagers made agitation, thereby, the second accused suddenly dig a burial ground near the people residential area to bury the body. Due to which, the second respondent made a complaint before the first respondent Police and the first respondent Police registered a case against the petitioners. He would further submit that the main ingredients required under Sections 153A and 505(1)(c) of I.P.C., were not satisfied and mens rea is a necessary ingredient for the offence under Section 153A of I.P.C and equally mens rea is necessary to postulate for the offence under Section 505(2) IPC also as could be discerned from the words “with an intent to create or promote or which is likely to create or promote” as used in that Sub Section. The main distinction between the two offences is that the publication of the word or representation is not necessary under the former, such publication is the sina qua non of the offence under Section 505 IPC and further the common feature in both Section i.e., Sections 153A and 505(1)(c) of I.P.C., being promotion of feeling of enmity, hatred or ill-will between different religious or racial or language or regional groups or castes and communities, it is necessary that atleast two such groups or communities should be involved. Merely inciting the felling of one community or group without any reference to any other community or group cannot attract either of the two Sections. In the present case except the petitioners’ community people, no other community people were involved for promoting the ill-hatred features between the two community groups. In the absence of necessary ingredient required under Sections 153(A) and 505(1)(c) IPC, the respondent Police registered the case for the offence under Sections 153A and 505(1)(c) and it is not sustainable, accordingly, he prays for allowing this petition.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioners are intentionally creating law and order problem between the two groups in the Village, as if one group prevented the petitioners to bury the dead body in the burial ground, for which, they created social unleashed in the locality. Thereby, the respondent Police registered the case against the petitioners and he would further submit that the investigation is at the initial stage and accordingly, he prays for dismissal of this petition.

5. Admittedly, there is a pathway dispute between the petitioners and the villagers. On 24.12.2021, one Aathan died and when the people of that area was taking his body through the aforesaid pathway to bury the dead body, some of the villagers made agitation, thereby, the second accused suddenly dig the burial ground near the residential area, due to which, the respondent Police registered a complaint against the petitioners. Though the Village Admin