SHRIPAD JANARDAN PHADKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are the accused in S.T.C. No. 651/2005, pending before the Judicial Magistrate (First Class), Navapur [District : Nandurbar]. The said case is in respect of offences punishable under Section 153-A of the IPC and Section 295-A of the IPC. The applicants made separate applications (Exhibits 16 and 17) before the Magistrate, contending that the charge sheet had been filed beyond the period of limitation, and that, the cognizance of the alleged offences could not be taken in view of Section 468 of the Code of Criminal Procedure [For short, "the Code"]. The said applications were rejected by the Magistrate by a common order dated 26-3-2013.

(2.) I have heard Mr. G.S. Rane, the learned Counsel for the applicants. I have heard Mr. V.P. Kadam, the learned Additional Public Prosecutor for the State. I have also heard Mr. S.P. Chapalgaonkar, the learned Counsel holding for Mr. S.S. Chapalgaonkar, the learned Counsel for the respondent no.2 i.e. the original first informant.

(3.) It is not necessary to discuss the facts of the case as alleged in the charge sheet, in details, except mentioning that the respondent no.2 - Ishwar Gavit and some others, on 7-12-1998, noticed a hand bill stuck on one of the walls at Navapur Bus Station. The matter contained in the said hand bill / pamphlet was objectionable, inasmuch as, it criticized Lord Jesus Christ and incidentally the Christian religion. There was also mentioned in the said hand bill that, a Hindu person getting himself converted into some other religion, not only reduces the number of Hindus by one, but also increases the number of enemies by one. Alleging that the matter published in the hand bill / pamphlet was calculated towards promoting disharmony or feelings of enmity, hatred or ill-will between Hindu religion and Christian religion, that the hand bill with such a matter had been printed and displayed with deliberate and malicious intention of outraging the religious feelings of Christians and for insulting their religion, a First Information Report was lodged by the respondent no.2 on 8-12-1998. On this report, a case in respect of the offences punishable under Sections 295-A of the IPC and 153-A of the IPC, was registered on the same date.