ANSHUL GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) - Petitioner invokes inherent jurisdiction of this Court under Section 561-A Cr.P.C for quashment of FIR No.116/2010 registered by Police Station Mohore, District Reasi, under Section 295-A RPC on the ground that police was not competent to lodge the FIR because in terms of Section 196 Cr.P.C., 1973 it is the only a District Magistrate or any other officer empowered by the Government, who can lodge the FIR or in the alternative, learned counsel for the petitioner submits that treat the instant petition as a transfer petition and the investigation of the case FIR No.116/2010/Challan by Police Station Reasi may kindly be transferred either at Jammu or Kathua.

(2.) The case of the petitioner is that the petitioner is dealing with the business of publication and printing of books at Sadder Bazar, Jalandhar Punjab. In the normal course of his business, the petitioner is printing books of general knowledge etc and in this venture, a book of general knowledge was published by the publication house of the petitioner in which bonafidely and by mistake a picture of Prohphet Mohammad)PBUH) was published. It is further stated that at the time of publication of the said picture, the petitioner was not conscious of the fact that the depiction of picture of holy Prophet is not permissible in Islam. However, when the petitioner got knowledge of the same, he reprinted the same very book of general knowledge by deleting the said picture. It is further contended that a complaint was filed in Police Station Mahore, District Reasi for offence under Section 295-A RPC on 01.10.2010 by Sh. Bashir Ahmed and on the basis of said complaint, an FIR No.116/2010 has been registered by respondent No.2 against the petitioner under Section 295-A RPC. Subsequent to the registration of the FIR, the petitioner applied for bail in anticipation of his arrest before learned Sessions Judge Reasi, who called the report from the Police Station Mahore. The learned Sessions Judge, Reasi after adjudication of the matter dismissed the application vide order dated 16.11.2010. Thereafter petitioner approached this Court and this Court vide order dated 03.12.2010 admitted the petitioner on bail.

(3.) Aggrieved of registration of FIR No.116/2010/challan by respondent No.2, the petitioner seeks to claim relief on the following grounds: