MANGALORE GANESH BEEDI WORKS Vs. GOKALESH PATHAK

JUDGEMENT

(1.) CHALLENGED in this revision is the impugned summoning order dated 16-6-1993, passed by Judicial Magistrate I, meerut in Complaint Case No. 32/9 of 92 vaidya Gokalesh Pathak v. Managing Director Mangalore Ganesh Beedi Works u/ss. 295-A, 298 and 504 IPC, P. S. Inchauli, district Meerut. The grounds for challenge is that no offence at all is made out against the revisionist, the proceedings are actuated with mala fides and the Magistrate without any application of mind has summoned the revisionist.

(2.) THE facts, in brief, as are perceptable from the record of this revision are that Complaint No. 32/9 of 92 was filed by Vaidya gokalesh Pathak against the Managing Director, Mangalore Ganesh Beedi Works, vinoba Bhavey Road Mysore, P. S. Mangalore, Karnataka for offences u/ss. 295-A, 298 and 504 IPC, P. S. Inchauli,. district Meerut on 22-12-2003 in the Court of judicial Magistrate I, Meerut with the allegations that the complainant Gokalesh pathak is a follower of Hindu religion and belongs to a Brahman family. He is a great devotee of "lord Ganesh who is a most sacred deity of Hindus. Before starting any work by Hindus, for a successful and uniterrupted completion of the same, Lord ganesh is worshiped. Lord Ganesh is considered to be deity of wisdom and prosperity and he also diminishes miseries.

(3.) SMOKING is considered to be a vice in hindus and is a social malady. The accused mangalore Ganesh Beedi Works is depicting picture of Lord ganesh at its Bidi product as a result of which the religious susceptibility of Hindus are being hurt. It is also alleged that the accused is utilizing the name of the said pious deity for his commercial benefit. It is further alleged that after smoking of Bidi the residue is thrown on the roads and on the other filthy places and the said residues are being trampled under the shoes, which hurt the religious sentiments of Hindus and brings disrepute to the deity. It is further alleged that complainant had given a notice to the accused but he has not stopped hurting the religious sentiments of hindus by not removing depiction of Lord ganesh from its bidi product therefore it has committed offences u/ss. 295-A, 298 and 504 IPC. With the aforesaid allegation the complainant prayed that the accused be summoned and be punished for committing aforementioned offences.