- (1.) Swami Agnivesh has filed the instant petition under section 482 of Criminal Procedure Code for quashing FIR No. 294 dated 26.5.2011, under sections 295, 295-A IPC, registered at Police Station Hansi City, Annexure P/1.
(2.) I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner vehemently contended that averments made in the FIR do not constitute any offence. The contention prima facie cannot be accepted. Averments made in the FIR regarding utterances attributed to the petitioner do prima facie make out case under section 295-A IPC because the such utterances certainly hurt the religious feelings of Hindus who undertake holy Amarnath Yatra.
(3.) Learned counsel for the petitioner then contended that there is no evidence on record to depict that the petitioner had made the said utterances. On the basis of this contention, the FIR cannot be quashed because it would depend on the evidence that is to be collected during investigation. If no evidence regarding the alleged utterance of the petitioner is collected, then it would be a different matter, but on the basis of the averments made in the FIR, it cannot be said that no case for proceeding against the petitioner is made out for any offence. For the reasons aforesaid, without meaning to express any opinion on merits of the case, I do not find sufficient ground for quashing the FIR at the thresh-hold. The petition is accordingly dismissed.;