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Sekhar Suman vs The State Of Maharashtra on 29 April, 2026 cites

Ramji Lal Modi vs The State Of U.P on 5 April, 1957

13. It is further submitted that even assuming, without conceding, that the expressions "Dahi Bhalla" and "Rasgulla" could be perceived as offensive, the same were uttered inadvertently and without premeditation, and certainly without any deliberate or malicious intention to outrage the religious feelings of any section of society. It is contended that the present case squarely falls within the ratio laid down by the Supreme Court in Ramji Lal Modi vs. State of Uttar Pradesh , (1957) 1 SCC 591 wherein it has been held that acts or expressions which may incidentally cause offence, but are not actuated by deliberate and malicious intent, would not attract the provisions of Section 295- A of the Indian Penal Code. The emphasis laid by the Supreme Court on the expression "deliberate and malicious" is highlighted to submit that both elements must co-exist, signifying a consciously motivated intention to offend. In the present case, it is urged that the expressions in question were neither deliberate 8 ::: Uploaded on - 30/04/2026 ::: Downloaded on - 01/05/2026 00:27:32 ::: 39-WP-1902-12+F.doc nor malicious in nature. It is also submitted that affidavits of service have been duly filed in both petitions; however, despite service, the original complainant has failed to appear before this Court. On these grounds, learned counsel prays for quashing and setting aside of the impugned FIR.
Supreme Court of India Cites 15 - Cited by 87 - Full Document
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