DHONDIBA IRBA NAMWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel Shri. A.M. Ghare for the applicant and learned Additional Public Prosecutor Shri. T.A.Mirza for the respondent no.1 - State. Nobody has appeared for respondent no.2.

(2.) By this Criminal Application, the applicant, who was at the relevant time, Chief Officer of Municipal Council Khamgaon, District Buldhana has sought quashing of the First Information Report dated 30.09.2015 registered against him and one more person vide Crime No.80/2015 for an offence punishable under Section 295 r/w 34 of the Indian Penal Code. The applicant has also prayed for consequential reliefs.

(3.) In this First Information Report, allegations made were that this applicant along with another accused, with the intention of insulting Hindu religion, defiled and insulted its object of worship, held sacred by Hindu religion. The object of worship, in the present case, was idol of Lord Ganesh. The respondent no.2, who filed a complaint alleged that at the end of Ganesh festival, idols of Lord Ganesh were immersed in large number in artificial immersion tanks, provided by the Municipal Council, Khamgaon, Distt. Buldhana. Immersion process went on, as alleged by the complainant, all throughout the day. The complainant further alleged that in the morning of 30.09.2015 when he happened to traverse by the bye- pass road, he came across a dumping ground, situated at Sajanpuri, where he was surprised to see idols of Lord Ganesh, which were immersed a few days ago, having been dumped on the garbage and lying scattered at the dumping ground. He also noticed that many of these idols were attempted to be pushed under the ground by running some vehicles over them. The complainant further alleged that City of Khamgaon was communally sensitive and insult and damage caused to Lord Ganesh's idols was intentional, and had an ulterior motive of spreading hatred amongst two communities and incite violence on the basis of religion. Upon such complaint of respondent no.2, respondent no.1 promptly registered an offence punishable under Section 295 of the Indian Penal Code against the present applicant and one more person named in the complaint with the aid of Section 34 of the Indian Penal Code.