ASHOK KUMAR AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN the present petition under Section 482 Cr.P.C., quashing of F.I.R. No. 146 dated 15.09.2012 registered at P.S. City Samana u/s. 153 -A/501 -B/502 -B/120 -B IPC read with Section 3 of S.C. and S.T. Act is sought. Brief facts of the case are that petitioner No. 1 entered into the field of publishing 21 years ago and he started a publishing house under the name Sangam Publication, Samana. The petitioner till date has published the work of proclaimed and esteemed writers/poets/kavishers of Punjabi literature. Petitioner No. 2 (Scheduled Caste/Chamar) is a poet/Kavisher and is a third generation disciple of late Babu Rajat Ali. His lineal Gurus Sarprasat is late Jatheday Jagmal Singh, Subedar Hans Singh. Petitioner No. 2 is singing/narrating the works of Babu Rajab Ali since the last many decades. Petitioner No. 2 thought of compiling and editing the work of Babu Rajab Ali in order to make available to the literature world and scholars the work of his late Guru Babu Rajab Ali. In the year 2010, petitioner No. 2 approached petitioner No. 1 to get this work published through petitioner No. 1. In the year 2010, petitioner No. 2 published a book titled as "ANUTHA RAJAB ALI" containing a part of the edited work of Late Babu Rajab Ali and contains exclusively his poetry/writings. This edition done by petitioner No. 2 has been appreciated and acclaimed by the President of Punjabi Sahit Academy, Ludhiana (P -1).

(2.) ON 15.09.2012, petitioner Nos. 1 and 2 were arrested as one F.I.R. has been registered against them as mentioned above for publishing the above -mentioned book which contain some poems wherein caste based words have been used (P -2). The petitioners are seeking quashing of this F.I.R. on the following grounds: -

(3.) THE poetry of late Babu Rajab Ali is archaic and it can only be read and properly understood by the learned and connoisseur and the same cannot be properly read and understood by a lay man without their help. The objectionable lines have been taken from two poems i.e. (i) Kissa Harnam Kaur and (2) Kissa Harphul singh. The over all context of these two poems and their literal interpretation has been done by renowned figure in literary world, Dr. Rajinder Pal Singh Brar, Chairman, Punjabi Department, Punjabi University, Patiala and the same are (P -8 and P -9 colly).