ASHISH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant petition under section 482 CrPC, 1973 the petitioners herein have approached this court seeking quashing of the FIR No.462/2017 registered against them at the Police Station Subhash Nagar, Bhilwara for the offence under Section 153(A) of the IPC. The above FIR came to be lodged by the SHO, Police Station Subhash Nagar, Bhilwara alleging inter alia that on 01.11.2017, the SHO accompanied by the other members of the Police Station reached the Sanganeri Gate Police Outpost, where a three days' Urs ceremony in the name of Gul Ali Baba was going on with the permission of the administration. Muslim religious discussions/Takrirs were going on in the Urs and large number of Muslim men, women and children were watching and listening to sermons. The SHO and the various Constables were engaged in law and order duty near the Urs. At about 9.00 p.m., six persons came on three motorcycles and started raising slogans of "Jai Shri Ram, Jai Shri Ram" in an aggressive manner. The SHO identified one of the miscreants as Ashish Joshi, Shiv Sena President. Because of the loud and offensive shouts raised by Ashish Joshi and his companions, the Muslim community people listening to Takrir became startled and tried to run helter-skelter. The Muslim youth, who were participating in Urs, also became offensive on listening to the slogans shouted by the accused party. The SHO, somehow managed to pacify them requesting that he would take care of their apprehensions. It was alleged in the FIR that if the SHO and the police party had not acted timely, there was an imminent likelihood of breach of peace occurring because of the fanatic slogans raised by the petitioners nearby the assembly of the Muslim community, which was participating in the Urs after taking due permission from the administration. On the basis of this report, the above-mentioned FIR came to be lodged at the Police station Subhash Nagar and the investigation was commenced. The petitioners have now approached this court through this petition under section 482 CrPC, 1973 seeking quashing of the above FIR.

(2.) Mr. N.K. Bohra, learned counsel representing the petitioners placed reliance upon the judgments rendered by Hon'ble Supreme Court in the case of Balwant Singh and Anr. v. State of Punjab [AIR 1995 SC 1785 ] and Kedar Nath Singh v. State of Bihar [AIR 1962 SC 955 ] and urged that mere casual raising of some slogans without intention to incite people to create disorder neither constitutes any threat to Government of India nor does it give rise to feeling of enmity or hatred among different communities or religious or other groups. He further urged that the petitioners had casually raised the allegedly offending slogans and as such, both the judgments referred to supra clearly cover the situation at hand and this court should exercise its inherent powers so as to quash the FIR at the inception as it does not disclose the necessary ingredients of the offences alleged.

(3.) Per contra, learned Public Prosecutor urged that the petitioners intentionally approached the place, where the Urs ceremony was being organized, and raised the religious slogans, in a fanatic manner, which could have created an unrest and feeling of hatred in the people of other community. The words spoken and the slogans raised by the petitioners were definitely intended for promoting enmity between different groups on the ground of religion and were prejudicial to the maintenance of the peace and harmony. Thus, he urges that the court should not feel persuaded to interfere in the impugned FIR at the inception.