FATHER IGNACE TOPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sumeet Gadodia, learned counsel for the petitioner, Mr. Ravi Prakash, learned counsel for the State and Mr. Vishal Kumar Tiwary, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings being Complaint Case No.1514 of 2009 including the order taking cognizance dtd. 11/6/2010 passed by the learned Judicial Magistrate, Ranchi, whereby, he has been pleased to take cognizance for the alleged offence under Sec. 153A, 295A, 505 and 506 of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, Ranchi.

(3.) The complaint case was filed by the opposite party no.2-Society through its President, namely Shri Ajay Tirkey alleging therein that opposite party no.2 is a Society duly registered under the Societies Act, 1860 and it is an association of members of the Scheduled Tribes who are followers of the Sarna Religion. During recent past meetings held at Orissa by the followers of the Christian community under the banner of All Churches Committee and in terms of their resolution, Nemha Bible was published and circulated almost in all areas of Jharkhand which includes area in Ranchi. Nemha Bible was published in Kurukh language. It was alleged that the terminology Sarna Mann was used in the context of command of Gods to destroy those who worship under the green tree. It was further alleged that Nemha Bible was published with an intention to insult the religion of followers of Sarna Religion by insulting the religious people. It was also alleged that it was published with an intention to cause harm/outrage to the religious feelings of the Sarna people as it is allegedly published in the Nemha Bible that the religious podium of the Sarna followers be destroyed, Sarna sthals need to be broken into pieces and statue of their Gods be burnt and their place of worship be destroyed. The President of the association met with the accused and asked to tender unconditional apology, instead the accused lowered the image of the President i.e. Shri Ajay Tirkey. It was also alleged that due to the publication of the Nemha Bible under the authorities, the accused persons have voluntarily disturbed the peace and committed an act which is prejudicial to the maintenance of harmony.