Access to public places of worship is a fundamental right, and restrictions based on caste or arbitrary barricades violate constitutional guarantees.

Order (Oral)

1. Quashing of FIR No. 217/2024, dated 14.05.2024, registered at Police Station Ambamata, District Udaipur, for alleged offences under Sections 448, 427, and 143 of the IPC, along with all consequential proceedings, is sought herein.

2. The brief facts of the case are that the Superintendent of Police, Udaipur, received a police complaint stating that some individuals were creating chaos at the Mahakaleshwar Mahadev Ji Siddh Dham temple. During the investigation of the complaint, the respondent No. 2 – complainant recorded witness statements and obtained a video CD. Upon reviewing the video, it was found that the petitioner, along with others, attempted to enter the temple forcibly by cutting the lock on the door. Consequently, respondent No. 2 submitted a report to the SHO of P.S. Ambamata, Udaipur, for appropriate action, leading to the registration of the FIR in question.

3. In the aforesaid backdrop, I have heard the learned counsel for the petitioner, the learned counsel for the Temple Trust (not a party but represented in the hearing), and the learned Public Prosecutor.

4. The core of the matter is that the Trustees of the temple claim to have erected barricades to prevent worshipers from going beyond a certain point. However, the accused allegedly tried to cross the barricades forcibly, prompting the registration of the FIR. Interestingly, although the Trust appears to be the complainant, it did not file a police complaint. Instead, the FIR was lodged by Sub-Inspector Rajiv Sharma, who claims to have witnessed the incident.

5. First and foremost, FIR is since registered under Sections 143, 427 r/w 448 of IPC, for ready reference, relevant Sections 141, 143, 427, 442 & 448 of IPC are reproduced as under :-

“141. Unlawful assembly.-- An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is-

First.- To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

143. Punishment.--Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

427. Mischief causing damage to the amount of fifty rupees.-- Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

442. House-trespass.--Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Explanation.-The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.

448. Punishment for house-trespass.--Whoever commits house trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupee