T P VENU Vs. STATE OF KERALA

JUDGEMENT

(1.) On the complaint filed by the third respondent, Judicial First Class Magistrate Court, Kalady took cognizance of the offences under Sections 295, 295A, 403 and 406 of the Indian Penal Code and issued summons to the petitioner after taking the case on file as C.C.No. 181 of 2017. The order taking cognizance is challenged. The third respondent is a worshiper of Sree Mahadeva Temple at Manjapra. The temple had maintained two bulls offered as 'vazhipadu' by two worshipers. The petitioner was the convener of Kshethra Sevasamithi, which only helped administration of the temple. In the first week of August, 2015 the two bulls were taken away in a vehicle. The petitioner and others were told that they were being taken to 'gosala'. It was later revealed that it was Muslims, who took away the bulls and the bulls were butchered. It was the petitioner who gave away the bulls. He had the intention to wound the religious feelings of Hindus so that it might result in a riot. He had no authority to dispose of the animals. He has thus committed the offences punishable under Sections 153A(1), 295, 295A and 379 of the Indian Penal Code. These are the allegations in the complaint.

(2.) Heard the learned counsel for the petitioner, the third respondent and the learned Public Prosecutor.

(3.) Though several grounds have been stated in the Crl.M.C. to quash the proceedings, at the hearing it was submitted that the case may be quashed only on the ground that the facts of the case do not attract any offence.