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2007 Supreme(SC) 971

ARIJIT PASAYAT, P.K.BALASUBRAMANYAN, D.K.JAIN
Aleque Padamsee – Appellant
Versus
Union Of India – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.These petitions are filed under Article 32 of the Constitution of India, 1950 (in short the ‘Constitution’). The petitioners have stated that they have approached this Court because of inaction of official respondents in not acting on the report lodged by two persons namely, Sumesh Ramji Jadhav and Suresh Murlidhar Bosle. The basic grievance is that though commission of offences punishable under the Indian Penal Code, 1860 (in short the ‘IPC’) was disclosed, the police officials did not register the FIR and, therefore, directions should be given to register the cases and wherever necessary accord sanction in terms of Section 196 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). It is stated that the speeches made by respondents 5 and 6 were likely to disturb the communal harmony in the country and the likely result of such inflammatory speeches was to create hatred in the minds of citizens against the persons belonging to minority communities. It appears that so far as respondent No.5 is concerned a complaint was lodged at the police station in the State of Maharashtra where the complainants reside. Since the police authorities in Maha


















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