Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicant and Sri Shahid Ali Siddiqui, Ms Nazia Ilyas and Sri B.A. Khan, learned Counsel for the opposite party No. 2 and also learned A.G.A. for the State Respondent.
(2.) THE present 482, Code of Criminal Procedure application has been filed for quashing the order dated 7.4.2011 passed by Additional Sessions Judge IV, Jhansi in criminal revision No. 194 of 2010 as well as the order dated 30.4.2010 passed by Judicial Magistrate X, Jhansi summoning the applicant under Section 109, 115, 116, 121, 298, 502, 511 IPC. It is contended by the learned Counsel for the applicant that the applicant is the President of Islamic Research Foundation, Mumbai, which clarifies Islamic viewpoints and clears misconceptions about Islam using Quran, authentic Hadith (saying of Prophet); that the applicant has been delivering public talks even in foreign countries for the last 15 years and has been invited as a State Guest in many countries; that the applicant's name also finds place in the Indian Express list of the 100 Most Powerful Indians in 2009, in the special list of the top 10 Spiritual Gurus of India, wherein the applicant was ranked No. 3, after survey; that the applicant holds Annual International Peace Conference, which is attended by millions of people and promotes harmony and peace amongst the citizen of India. He regularly appears on many International Television channels in more than 200 countries of the world; that the applicant is the peace loving and law abiding citizen.
(3.) THE opposite party No. 2 filed a complaint on 9.1.2008 before the Chief Judicial Magistrate X, Jhansi, which was numbered as complaint case No. 92 of 2008, wherein it was alleged that in the television programmed, which was telecasted in Peace TV on 21.1.2006, the applicant had participated in a religious dialogue with Shri Ravi Shanker, the founder of 'Art of Living' foundation, which was held at Bangalore, wherein the applicant had hurt the religious sentiments of a particular community; that the opposite party No. 2 has alleged in his complaint that the applicant had published and distributed a pamphlet just to incite hatred and ill -will amongst different communities, the extract of which has been quoted in paragraph No. 9 of the accompanying affidavit to the petition filed under Section 482, Code of Criminal Procedure (hereinafter referred to as the accompanying affidavit).;