SOHAN LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed on behalf of the petitioners assailing the order dated 29.06.2006 passed by the learned Addl. Civil Judge (Jr. Division) & Judicial Magistrate, First Class No.3, Jodhpur in Criminal Case No. 196/2006 (State v. Sohan Lal and Another) , whereby, cognizance has been taken against the petitioners and seeking quashing of the proceedings undertaken against the petitioners for offences under Sections 295A and 153A of the IPC.

(2.) Brief facts necessary for the disposal of the misc. petition are that a FIR was registered at Police Station. Udaimandir, Distt. Jodhpur based on an enquiry report of the S.P., C.I.D. (C.B.), Jodhpur dated 17.04.2006 addressed to the SHO, Police Station Udaimandir to the effect that the author namely Sohan Lal had written a book titled

(3.) It was mentioned in the report that the contents of the book are promoting enmity between the two communities on the ground of hurting religious feelings etc. and was prejudicial to the maintenance of harmony. On a bare reading of the book, strife was being spread amongst the Hindu Community. It was also mentioned in the report that as per the State Government's letter dated 25.04.2006, all the copies of the book and the material used for printing of the book were directed to be forfeited by the State Government. Certain extracts of the book have been quoted, which as per the complaint were hurting the feelings of the Hindu Community as a whole. On the basis of the report, FIR No.196/2006 was registered at the Police Station Udaimandir, Jodhpur through the Circle Inspector, Shri Chandan Singh against the petitioner No.1 being author of the book and the petitioner No.2 being the owner of the Rajasthani Granthagaar the Publisher of the book. The report was registered as FIR No. 196/2006 for the offences under Sections 295-A and 153-A IPC.