Allahabad High Court
Rev. Sunil Singh @ Sunil Kumar vs State Of U.P.And Another on 20 January, 2020
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 11 Case :- U/S 482/378/407 No. - 3714 of 2010 Applicant :- Rev. Sunil Singh @ Sunil Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rohit Tripathi,Chandra Bhushan Pandey Counsel for Opposite Party :- Govt. Advocate Hon'ble Sudhir Agarwal,J.
1. Heard Sri C.B.Pandey, learned counsel for applicant and learned A.G.A. for State.
2. Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash charge sheet dated 18.12.2009 as well as further proceedings in Criminal Case No. 1117 of 2010 under Sections 295, 153A, 420, 504 IPC, pending before Judicial Magistrate, Pratapgarh.
3. It is contended that in the investigation, there is no material at all against applicant Sunil Singh to show his involvement in the offence under Sections 295 and 153-A IPC and therefore, charge sheet against applicant under the aforesaid provisions is patently arbitrary and gross abuse of process of law.
4. FIR lodged against applicant Sunil Singh and one Shiv Kumar Verma dated 18.10.2009, registered as Case Crime No.288 of 2009 under Sections 295, 153A, 420, 504 IPC, reads as under :
^^lsok esa Fkkuk/;{k egksn; Fkkuk&vUrw dksrokyh izrkix<+ fouez fuosnu gS fd izkFkhZ nsojkt fo'o fgUnw ifj"kn~ tuin&izrkix<+ ds ftyk laxBu ea=h ds :i esa vius nkf;Ro dk fuoZgu djrk vk jgk gS tuin&izrkix<+ 'kgj esa fLFkr Qqy xksLQYk ppZ ds izeq[k lquhy dqekj rFkk mlds funsZ'ku esa f'kodqekj oekZ iq= Lo0 NksVsyky oekZ fu0x.k cD'kw dk iqjok edbZiqj Fkkuk vUrw tuin izrkix<+ lfEefyr :i ls xzkeh.k {ks=ksa ds Hkksys Hkkys fu/kZu yksxks dks izyksHku nsdj mUgs bZlkbZ /keZ Lohdkj djkus dk dqpdz pyk jgk gSA mDr f'kodqekj rsy o ikuh ckaV dj fu/kZu xzkeh.kksa dks gj izdkj dk Hkwr izsr ck/kk vkSj chekfj;ksa ds bykt dk fo'okl fnykdj muls izR;sd jfookj dks ejht ls 70 :i;k Qhl Hkh olwy djrk gSA tcfd mDr f'ko dqekj ds ikl bykt djus dk dksbZ vf/kd`r izek.k&i= ugh gSA ;gh ugh mDr f'ko dqekj us cDlw dk iqjok ekStk eobZiqj tuin izrkix<+ esa fLFkr ,d eafnj izkphu gS ftlesa jke y{e.k lhrk ,oa guqeku dh ewfrZ;ka xk;c dj fn;k Hktu iwtu cUn djok fn;k ftles /kkfeZd vkLFkk dks pksV igqaph mDr f'ko dqekj [kqys vke fgUnw nsoh nsorkvksa dks viekfur djrs gq, mYVh lh/kh ckrs xkfy;ka fn;k djrk gS mlds bl voS/kkfud d`r ls LFkkuh; 'kkfUr Hkax gksus dh vUns'kk gSA vr% Jheku~ th fuosnu gS fd f'kodqekj ds f[kykQ eqdnek iathd`r djrs gq;s n.MkRed dk;Zokgh djus dh d`ik djsA^^ "To, The S.H.O., Police Station - Antu, Kotwali Pratapgarh. It is humbly submitted that applicant Devraj has been discharging his obligations as Zila Sangathan Mantri of Vishwa Hindu Parishad, District- Pratapgarh. Sunil Kumar- the chief of Full Gosphal Church situated at District- Pratapgarh City, and under his instructions Shiv Kumar Verma S/o Late Chhotelal Verma Residents of Bakshoo Ka Purwa, Makaipur, Police Station- Antu, District- Pratapgarh are jointly indulged in tempting the innocent and poor persons of rural area to accept Christianity. The said Shiv Kumar distributes oil and water to poor villagers for treatment of ghostly disturbances and diseases and raises Rupees 70 from each patient every Sunday whereas the said Shiv Kumar does not have any authorised certificate for carrying out treatment. Not merely this rather the said Shiv Kumar got disappeared the idols of Ram, Lakshman, Sita and Hanuman - kept in an ancient temple situated at Baksoo Ka Purwa, Mauja - Mavaipur, District- Pratapgarh and caused the bhajan-chanting and worship to stall there which hurt the religious faith. The said Shiv Kumar openly insults the Hindu deities and abuses them. It is apprehended that local peace would get disturbed due to this illegal act of him. Therefore it is requested to kindly register a case against Shiv Kumar and take punitive action."
(English Translation by Court)
5. Counsel for applicant has placed on record statements of various witnesses recorded by Investigating Officer (hereinafter referred to as "I.O."). He placed reliance on statements of Informant Devraj and other persons namely Satish Chandra Chaurasia, Ashok Verma, Alok Mishra and Hari Shankar and said that main allegation is against Shiv Kumar Verma and not against applicant and applicant is said to be only responsible for directing Shiv Kumar Verma and nothing else.
6. However, having gone through aforesaid statements, it cannot be said that allegation in the FIR do not constitute offence under Sections 420, 504 IPC.
7. Now, the only question remains with regard to applicability of Sections 153-A and 295 IPC, hence I proceed to consider offence under Sections 153-A and 295 IPC are made out or not.
8. Sections 153-A and 295 IPC read as under :
"153-A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.-(1) Whoever -
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, or
(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Offence committed in place of worship, etc -- Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine."
"295. Injuring or defiling place of worship with intent to insult the religion of any class.--Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
9. Allegations in FIR, I have already quoted, when read along with statement of witnesses recorded by I.O., it cannot be said that offence under the aforesaid provisions is not made out. I may not go into detail further since it will prejudice the trial. Suffice it to mention that it cannot be said that there is no material or evidence against applicant implicating him under Sections 153A and 295 IPC. Rest argument that applicant is not involved in the incident is a matter of defence and cannot be examined at this stage.
10. Dismissed.
11. Interim order, if any, stands vacated.
Order Date :- 20.1.2020 KA