- (1.) Heard Sri I. B. Singh, Senior Advocate on behalf of petitioner assisted by Kunwar Siddharth Singh and the learned A.G.A. Through this petition, the petitioner has challenged the charge sheet no. 36 of 2010 dated 6.2.2010 filed against him under Section 294 IPC.
(2.) The petitioner is alleged to have committed an offence punishable under Section 294 IPC during the course of a speech given for campaigning of a political party, namely 'Samajwadi party'. Such utterances and statement are said to have been made on the basis of a film namely ' Munna Bhai M.B.B.S.' whose hero was the petitioner. The film according to the public perception was widely appreciated as it was based on Mahatama Gandhi's ideology and also it was on the basis that every thing can be solved through love and affection instead of indulging into the act of violence. The petitioner while giving political speech at a meeting organized by the said party proceeded to give a statement to the effect that the public may approach the Chief Minister and give her ' Jadu Ki Jhappi' and ' Jadu Ki Pappi' for redressal of its grievances and thereafter problems will be solved and upon the said statement the State machinery i.e. certain officers of the district became over active and proceeded to lodge an FIR against the petitioner. After lodging of the FIR statement of witnesses were recorded and thereafter a charge sheet has been filed.
(3.) Submission of learned counsel for the petitioner is that ingredients of Section 294 as contemplated under the I.P.C.are not complete from the evidence which has been collected during the course of investigation. Therefore, the trial court can not proceed against the petitioner. It has also been submitted that there has been no offence and the public at large can not be said to be affected and annoyed on account of this statement but for the official who has lodged the FIR. The FIR was lodged with a view to please the Chief Minister and nothing more than that. He has relied upon Section 294 IPC which reads as under :- " 294-Obscene acts and songs - Whoever, to the annoyance of others - (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both." In support of his contention he has placed reliance upon the decision of the Madras High Court in the case of K. Jayaramanuju v. Janakaraj and others, 1997 CrLJ 1623 where in similar question of uttering of obscene words was involved and the Madras High Court while considering the question held that in order to prove the offence under Section 294 IPC mere utterance of obscene words are not sufficient but there must be a further proof to establish that it was to the annoyance of others. Since the said evidence was lacking in the said case the accused was acquitted.;