SURESH OBEROI Vs. DEV SINGH ASSUR

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973, relates to quashment of complaint dated 12-6-1989, under Sections 294, 295-N500 read with Section 34 I.P.C. (Annexure P-1) and summoning order dated 19-12-1989, passed by the Chief Judicial Magistrate, Sangrur (Annexure P-2).

(2.) In brief, facts relevant for the disposal of this petition as emerge from the complaint, are, that Shri Arvind Bhatt, accused No.2, is the Director of Film Sant Valmiki, whereas Suresh Oberoi, accused No.1, has performed the main role of Sant Valmiki in the said film. Suresh Oberoi accused gave an interview to Film City Magazine wherein he stated, that Valmiki is known in the world for writing Ramayana, but, before Ramayana was written by him, he was a Daku. He committed robberies with the passers-by and when he came to know about the crimes he had committed, he changed himself completely. It was further pleaded that Suresh Oberoi by using defamatory language, towards Sant Valmiki, deliberately and maliciously with intent to outrage religious feelings of Valmikis of the country, caused insult to the religious feeling of the said community. It was next pleaded that Valmiki community of the country worship Sant Valmiki like a Bhagwan, and, the accused by filming Sant Valmiki and giving interview to Film City Magazine and publishing objectionable obscene photographs in Film Reporter Issue NO.7 of May, 1989 in which Sant Valmiki (Suresh Oberoi) is touching a lady, from which it may be judged that said photograph lowered the estimation of Sant Valmiki in the eyes of Valmiki community and other people of the country, including complainants and accused have committed criminal offence punishably under Sections 294-295A/500 read with Section 34 I.P.C. The learned counsel for the parties were heard.

(3.) Dealing with the scope of inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, it was held by the apex Court, in State of Bihar v. Murad Ali Khan and others, that When the High Court is called upon to exercise this jurisdiction to quash a proceeding (it the stage of the Magistrate taking cognizance of an offence, the High Court is guided by the allegations whether those allegations, set out in the complaint or the charge-sheet do not in law constitute or spell out any offence and that resort to criminal proceedings, would, in I the circumstances, amount to an abuse of the process of the Court or not.