Madras High Court
M/S.Arvind Life Style Brands Ltd vs Madhavan @ Madhan on 21 November, 2019
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2019
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl OP(MD)Nos.11239 and 15014 of 2015
and
MP(MD)Nos.1 & 1 of 2015
1.M/s.Arvind Life Style Brands Ltd.,
Division Mega Mart,
T.S No.49/2, T.S.Ward, AU Block,
Kulavanigarpuram, Tirunelveli – 2.
Rep.by the Store Manager,
A.Raja
2.M/s.Arvind Life Style Brands Ltd.,
Rep.by its Authorised Officer,
A.Raja ... Petitioners
in Crl OP(MD)No.11239 of 2015
3.The Proprietor,
“J” Tex, Rep.by R.Jaganathan,
23, Thirumoorthy, Chamundipuram,
Gandhi Nagar Post,
Thiruppur – 641 603. ...Petitioner
in Crl OP(MD)No.15014 of 2015
Vs.
Madhavan @ Madhan ... Respondent in both cases
http://www.judis.nic.in
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Common Prayer : Criminal Original Petitions are filed under Section
482 of Criminal Procedure Code, to call for the records in C.C No.41 of
2015 pending on the file of the Judicial Magistrate No.5, Tirunelveli
and quash the same insofar as the petitioners are concerned.
For Petitioners : Mr.R.Rajnish Pathiyil
For Respondent : Mr.M.S.Jeyakarthick
COMMON ORDER
The petitioners herein are shown as Accused in C.C No.41 of 2015 on the file of the Judicial Magistrate No.V, Tirunelveli. It is a private complaint instituted by the respondent herein. The petitioners' company M/s.Arvind Life Style Brands Limited is a manufacturer of garments. They had manufactured T-shirts which carries caricature of Lord Shiva. The picture printed on the T-shirts is said to have outraged the religious feelings and sentiments of the complainant herein. In his private complaint, the complainant alleged that the accused herein have committed the offences under Sections 295 A and 298 IPC. Cognizance of the offences was taken and it was taken on file in C.C No.41 of 2015. To quash the same, these original petitions have been filed.
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2.Heard the learned counsel on either side.
3.The learned counsel appearing for the complainant would submit that the offending picture shows Lord Shiva carrying broom in his hand and that this is an insulting picturisation of the deity. The petitioners' counsel would state that Lord Shiva is only shown as having a bunch of hay for the purpose of feeding the cow that has been tied in the vicinity. He also stated that the petitioners have absolutely no intention whatsoever to outrage the feelings of Hindus. He also raised a legal contention. He pointed out that for taking cognizance of the offence under Section 295 A IPC, sanction in terms of Section 196 of Cr.PC is necessary. In this case, no sanction has been obtained. Therefore, the impugned proceedings will definitely have to be quashed as far as the offence under Section 295 A is concerned. This shows the non application of mind on the part of the learned Judicial Magistrate. He ought not to have taken cognizance of the offence under Section 295 A IPC in the absence of sanction in terms of Section 196 of Cr.PC.
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4.Section 298 of IPC is intended to deal with offensive speech or making of a gesture. I carefully looked at the picture printed by the petitioners on the T-shirts in question. I do not find anything that is wounding or insulting about the said picture. The elementary ingredients set out in Section 298 IPC are not present in this case. The complainant would claim that the manner in which the Lord Shiva has been picturised is not appropriate. The complainant cannot claim any monopoly in the matter of presentation. It is left to the imagination of the artists. I am of the view that the impugned prosecution is an abuse of legal process. It stands quashed. These criminal original petitions are allowed. Consequently, connected miscellaneous petitions are closed.
21.11.2019 Skm To
1.The Judicial Magistrate No.5, Tirunelveli. http://www.judis.nic.in 5 G.R.SWAMINATHAN, J.
Skm Crl OP(MD)Nos.11239 and 15014 of 2015 and MP(MD)Nos.1 & 1 of 2015 21.11.2019 http://www.judis.nic.in