BRAHAMCHARANI DIDI CHETNA @ CHELNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing FIR No. 85 dated 28.8.2009 (Annexure P -1) under Section 295 -A IPC as well as the charge -sheet, order framing charge dated 6.4.2012 (Annexure P -2) and all subsequent proceedings taken thereunder.

(2.) THE petitioner is Preacher of Jain Religion and follower of Shree Digamber Jain sect. She renounced the world at the early age of her life. The petitioner has been conferred various awards by large number of religious institutions in recognition of her services to the mankind. It is stated that the petitioner delivers religious discourse (Pravachan) of one hour daily in the morning and evening at various religious places. One such religious discourse was delivered on 27.8.2009 in Digamber Jain Mandir, Jalandhar Cantt. It was pertaining to that religious discourse for which FIR in question was registered.

(3.) IT was not disputed that after registration of FIR, offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') was also added. However, on the representation made by President of Shree Digamber Jain sect., an enquiry was conducted by Superintendent of Police (City -II), Jalandhar, who submitted his report dated 6.9.2009 (Annexure P -4). It was found that offence under Section 3 of the Act was not attracted. Ultimately, the challan was presented against the petitioner for offence under Section 295 -A IPC. Learned Judicial Magistrate Ist Class, Jalandhar found prima facie case against the petitioner for offence under Section 295 -A IPC and accordingly, the charge was framed. The contents of the charge -sheet are that on 27.8.2009 at about 8.30 p.m. in the area of Digamber Jain Temple, the petitioner with deliberate and malicious, intention of outraging the religious feelings of Valmiki community by words spoken, insulted the religious feelings of said community and thereby committed an offence punishable under Section 295 -A of IPC.