SHALIBHADRA SHAH Vs. CHANDRAKANT BHARTHI ALIAS CHANDRAKANT NARSIBHAI PATEL
LAWS(GJH)-1979-1-16
HIGH COURT OF GUJARAT
Decided on January 10,1979

SHALIBHADRA SHAH Appellant
VERSUS
CHANDRAKANT BHARTI @ CHANDRAKANT NARSIBHAI PATEL Respondents

JUDGEMENT

M.K.SHAH - (1.) This is an application by the original accused against whom proceedings for the offence under sec. 298 of the Indian Penal Code are instituted and are pending in the Court of the learned Judicial Magi- strate First Class Baroda.
(2.) A few facts leading to the filing of the said prosecution against petitioner-original accused may be briefly stated: The petitioner-Original accused is Editor and publisher of a weekly called Aaspas published from Ahmedabad. The complainant claims to be the disciple of Bhagwan Shri Rajnishji and it is his case that by publishing an article under the caption Why Acharya Rajnishji leaves Pune ? in the issue of 31st of July 1977 of the said Magazine the editor of the said Magazine as also the author of the article who is accused No. 2 acted with the deliberate intention of wounding the religious feelings of the complainant and other followers of Acharya Shri Rajnishji. The complainant prayed for a process against the accused in his complaint for the offence under sec. 298 of the Indian Penal Code and the learned Magistrate after examining the complaint on 27th of September 1977 issued process under sec. 298 of the Indian Penal Code.
(3.) The petitioner has preferred this Criminal Misc. Application invo- king jurisdiction of this court under its inherent powers which are recog- nised by the provisions of sec. 482 of the Criminal Procedure Code on the ground that the learned Magistrate had no jurisdiction to take cogniz- ance of the complaint under sec. 298 of the Indian Penal Code and the process therefore ought not to have been issued and it is prayed that the proceedings before the learned Magistrate be quashed.;


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