- (1.) Heard learned Counsel for the applicant and learned A.G.A. for the State Respondent. The present 482, Code of Criminal Procedure application has been filed for quashing the proceedings of Complaint Case No. 4433 of 1997 (Mahendra Singh v. Ms. Mayawati and Ors.) under Sections 500, 501, 502, 505, 153(1) IPC pending before Chief Judicial Magistrate, Jalaun.
(2.) The facts of the case are that the opposite party No. 2 filed a complaint case No. 4433 of 1997 before the Chief Judicial Magistrate, Jalaun on the allegation that two history books for Intermediate classes, namely, 'Bharat Ka Ithihas' and 'Chitra Intermediate new pattern Ithihas', which were written by Dr. A.K. Mittal, Professor, History Department and Dr. R. Agarwal, Assistant of Dr. S.K. Mittal, Gorakhpur University, Gorakhpur respectively and which books were published by K.L. Bansal, Printer and publisher, Shahitya Bhawan, Agra and Chitra Prakashan Western, Meerut, respectively. The allegation in the complaint is that the aforesaid two books (hereinafter referred as "books in question") were approved by the Government of U.P. to be thought in various schools to the students of history in classes XI and XII and at that time applicant was Chief Minister of the State of U.P.
(3.) The allegations made in the complaint against the applicant are that the books in question are having such contents, which defame and insult persons belonging to Rajpoot community/casts, which have cause deep anguish to the persons belonging to Rajpoot community/casts. The other accused persons are the Secretary of Education, U.P., Director of Education, U.P., the Additional Secretary (Education), U.P., who was also made accused by name in the complaint case. The writers, publishers, printers and owners of publications are allegedly charged for the offence under Sections 500, 501, 502, 505, 153(1) IPC. Consequent to the filing the complaint case by the opposite party No. 2, the Court below recorded the statement of complainant under Section 200, Code of Criminal Procedure and statements of Shiv Ram Singh Gaur, P.W. 1, Laloo Singh, P.W.2, Udaybhan Singh, P.W. 3, Sanjay Saxena, P.W 4 and Ram Sharan Jatav, P.W. 5. On the basis of the materials and evidence on record, the Court below came to the conclusion that the offence under Section 500 IPC appears to have been made out against the applicant, and some of the other accused named in the complaint, therefore, Court below passed summoning order on 2.4.1998 against the present applicant and other accused persons, named in the complaint, except accused Nos. 3, 4 and 5.;