TILAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-Tilak Raj has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of FIR No. 268 dated 17.09.2019 registered under Section 295-A of the Indian Penal Code, 1860 (for short 'the I.P.C) at Police Station City Kapurthala, District Kapurthala (Annexure P-l).

(2.) Briefly stated the facts giving rise to filing of the present petition are that on 17.09.2019 respondent No.2 Bagga Singh alongwith Deepak Gill, Puran Singh and Kiran Devi went to Police Station City Kapurthala and Bagga Singh made statement alleging that he is working in Post Office Department and at present his job is Dak employee in Village Post Office, Bhano Langa. On 16.09.2019 accused-Tilak Raj (present petitioner) called a meeting in the Post Office, Kapurthala regarding opening of account in the Post Office as well as regarding deposit of forms in the accounts. He, Deepak Gill, Puran Singh, Kiran Devi and other employees of post office Kapurthala were present at Post Office Kapurthala who were all associated with Balmiki fraternity. During the meeting, the petitioner-accused started addressing them that Bhagwan Valmiki originally used to commit thefts and dacoity and even used to kill persons and if he could improve himself then they could also improve themselves. On hearing such offending and indecent words uttered by the petitioner-accused against Bhagwan Valmiki, religious feelings of the persons present in the meeting were hurt. As the statement disclosed commission of offence punishable under Section 295-A of the I.P.C., the above said FIR was registered. The petitioner-accused was arrested on 17.09.2019 and was subsequently released on bail vide order dated 24.09.2019 (Annexure P-2) passed by learned Additional Sessions Judge, Kapurthala. Due to his detention for more than 48 hours, the petitioner was placed under suspension till further order vide order dated 27.09.2019 (Annexure P-4). The matter is pending investigation.

(3.) The petitioner has sought quashing of the FIR on the grounds that the petitioner himself is a member of the Scheduled 'Gaddi' Tribe vide certificate dated 15.06.2009 issued by Sub Divisionsal Magistrate, District Chamba, Himachal Pradesh (Annexure P-5). Respondent No.2-complainant has given affidavit dated 22.10.2019 (Annexure P-6) before the police that FIR in question was got registered under communication gap and misunderstanding. Other persons present during the meeting have also made similar statements. Puran Singh has also given similar affidavit (Annexure P-7). FIR in question is nothing but an abuse of process of law and deserves to be quashed. Even, if the allegations made in the FIR are taken on their face value, no offence whatsoever, much less an offence under Section 295-A of the I.P.C., is made out against the present petitioner. The petitioner has accordingly prayed that the above-said FIR and also consequential proceedings arising therefrom may be quashed.