JAI RAM SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT is a petition under Section 482 Cr.P.C. filed by Jai Ram Sharma with a prayer for the quashment of FIR No. 35 dated 11.4.1996 registered under Section 295-A IPC at Police Station, Division No. 3, Jalandhar city.

(2.) THE prosecution in this case started on an FIR which was registered at the instance of one Prem Parkash who brought to the notice of the authorities that a book 'Naitik Shiksha' is going to the printed in the press at the instance of Himachal Pradesh School Education Board, Dharamshala. The petitioner is the writer of this book and has been implicated in the said FIR on the ground that through this Chapter No. 3 titled 'Maharishi Balmiki' he intended to outrage the religious feelings of that sect of the Society who believed the teachings of Lord Maharishi Balmiki. The petitioner admits that he is the author of his book but the Chapter No. 3 (Maharishi Balmiki) is nothing but the reproduction of those happenings which actually happened during the life time of Maharishi Balmiki and one incident was responsible to convert the gentleman to leave his bad habits and to adopt the life of a saint.

(3.) BEFORE I proceed further I may also state that the petitioner earlier applied for anticipatory bail and vide order dated 16.9.96 the anticipatory bail was granted to the petitioner mainly on the ground that he is an educationist and has written a short story on the life of Maharishi Balmiki which has been adopted in the Educational curriculum for some classes by the Department of Education, Himachal Pradesh. It was observed at that stage that the petitioner was a teacher of repute posted in Dharamshala. The Chapter was of academic mature and what has been contained in the short story prima facie should not injure the feelings of the Hindus whose religion is broad basis.