PAWAN KAMALAKAR DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. The present criminal application is taken up for final hearing on merit with the consent of both sides.

(2.) The applicants, taking recourse of remedy under section 482 of the Code of Criminal Procedure (for short "Cr.P.C."), preferred the present criminal application and agitated the propriety and maintainability of the proceeding of private complaint bearing RCC No. 209 of 2016 (old Misc. Criminal Application No. 631 of 2015) filed by respondent No. 2-original complainant against applicants - accused for the charges under Sections 295-A, 153-A read with Section 34 of the Indian Penal Code (for short, "IPC").

(3.) The applicants are the office personnels attached to the office of Lokmat Media Private Limited. Applicant No. 2 was the Graphic Designer, whereas applicant No. 3 and applicant No. 1 were the Editor and reporter of the newspaper "Dainik Lokmat" published from Aurangabad City. Applicant No. 4 was the Chairman of Lokmat Media Private Ltd. It has been alleged that in the supplement "Manthan" of news paper "Dainik Lokmat" dated 29-11-2015, there was an article published on the topic of rise in the terrorist activities of outfit known as Islamic State of Iraq and Syria (for short "ISIS") and its financial sources. There were endeavour to highlight illegal activities of terrorist organization ISIS and its source of funding to promote their destructive activities. There was a graphic showing image "Piggy Bank" also known as "Penny Bank" sketched with the aforesaid article published in the news paper "Dainik Lokmat" on 29-11-2015. According to applicants, the intention to display the graphic was to point out various modes and avenues for procuring funds by outfit known as "ISIS" for its terrorist activities in the world. The image of the "Piggy Bank" in the graphic was one of the attempt to describe the mode and manner to collect money from various sources by the terrorist organization to promote its destructive activities. There was no intention to insult the religious feelings of particular community or to promote inimical terms in between different religious groups on account of religion etc.