Andhra HC (Pre-Telangana)
Addanki Ranjith Ophir vs State Of A.P. Rep. By Its Public ... on 27 December, 2017
Equivalent citations: AIRONLINE 2017 HYD 59
Author: T.Rajani
Bench: T.Rajani
THE HONBLE SMT JUSTICE T.RAJANI CRL.PETITION NO. 10839 OF 2011. 27-12-2017 Addanki Ranjith OphirPetitioner/accused State of A.P. rep. by its Public Prosecutorand another.Respondents Counsel for the Petitioner:Mr.Thakur Singh Counsel for the Respondent : Public Prosecutor <Gist : >Head Note: ?Cases referred: THE HONBLE SMT JUSTICE T.RAJANI CRIMINAL PETITION NO.10839 OF 2011 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No.93 of 2011 on the file of the Station House Officer, Biccavole Police Station, East Godavari District.
2. Heard the learned counsel for the petitioner- accused and the learned Public Prosecutor appearing for the 1st respondent.
3. It is alleged in the complaint that the petitioner- accused published a book in the name and style of Hyndava Christavam and printed the photograph of Jesus Christ on the National Flag insulting the National Flag; the contents of the said book are criticizing the Hindu religion feelings and insulting the National Flag.
4. Learned counsel for the petitioner-accused submits that there is absolutely no insult that is projected by the publication of the said book and he also exhibited the said book before this Court, which consists of a cover page, on which, National Flag was printed with the face of Jesus Christ on the back ground.
5. There is absolutely no reason to understand the said printing of the cover page as outraging the feelings of any religion. There can be no identification of any religion with the National Flag. Section 2 of the Prevention of Insults to National Honour Act, 1971 reads as under:
2. Insult to Indian National Flag and Constitution of India: Whoever in any public place or in any other place within the public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or (otherwise shows disrespect to or brings) into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both Printing of the photo of the Jesus Christ on the said book does not in any manner fall within the purview of Section 2 of the said Act.
6. As regards Section 295-A IPC also, there should be indication of outrage of religious feelings of any class, by doing of act, which has to be deliberate and malicious. The same reasoning would apply to the above section and no offence under Section 295-A IPC can be made out from the act of the petitioner. The title of the book as Hyndava Christavam cannot be construed as affecting the secularism of the country. Moreover it suggests religion integrity, by considering the title with two religions. The Ashok Chakra, which the petitioner now removed, only represents the Laws of Dharma (Righteousness) which everyone should be allowed to follow, irrespective of religion.
7. Learned counsel for the petitioner-accused further submits that in order to avoid further complications, National Emblem on the National Flag was removed on the further publications. Hence, in view of the same, the complaint is considered as an abuse of process of law and continuation of proceedings against the petitioner- accused would only result in abuse of process of law.
8. Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any pending, in this petition shall stand closed.
______________ T.RAJANI, J DATED: 27-12-2017.