SANDEEP MEHTA,J. - (1.) These two criminal miscellaneous petitions under Section 482 CrPC have been preferred seeking quashment of the FIR No. 458/2018 registered at the Police Station Basni, Jodhpur City (West) for the offences under Sections 295-A, 500, 501, 504, 505 and 120-B IPC and all subsequent proceedings sought to be taken there under.
(2.) Brief facts relevant and essential for disposal of the miscellaneous petitions are noted hereinbelow: The petitioner Mr. Jack Dorsey is the Chief Executive Officer of the social media company Twitter, whereas the petitioner Ms. Anna M.M. Vettcad is a journalist. The respondent No. 2-complainant Mr. Rajkumar Sharma submitted a complaint in the court of the Metropolitan Magistrate No. 4, Jodhpur Metropolitan alleging inter alia that he belongs to Brahmin community and has immense religious faith. It was claimed that Brahmin community is highly respected in the society at large as it was responsible for formulation of social rites and customs. Various Shastras were the original creation of Brahmins, who were keeping the Indian culture alive since ages. Politicians, social workers, artists, industrialists etc. usually seek guidance and blessings from Brahmins before beginning any auspicious work. The respondent-complainant also claimed that the people from other countries also consult Brahmins in the matters pertaining to worship and for performing religious ceremonies. It was also alleged that some people were indulging in tarnishing the image of the Brahmins in the society. The petitioner Jack Dorsey, being the Chief Executive Officer of the social media company Twitter, visited India and held a meeting with six female journalists. After the meeting, a photo was twitted on a Twitter account, in which a poster bearing slogan "Smash Brahminical Patriarchy " was prominently displayed. The complainant alleged that by posting the highly objectionable photograph on the twitter account, the accused maligned the Brahmin society at large and also acted in a manner, likely to create rift and factions in the society and induce religious hatred towards the Brahmin community as a whole. The feelings of the entire Brahmin community were badly hurt by this tweet. The complainant submitted that after coming to know of this post on Twitter, he submitted a written report at the Police Station Basni on 19.11.2018, but they refused to register the FIR, whereupon, he submitted the complaint to the Commissioner of Police, Jodhpur, but no action was taken thereupon as well. Hence, the complainant was compelled to file the complaint in the court. He prayed that the petitioners be prosecuted for the offences under Sections 295-A, 500, 501, 504, 505 and 120-B IPC.
(3.) The complaint aforesaid was forwarded to the Police Station Basni, District Jodhpur under Section 156 (3) CrPC, where, the impugned FIR No. 458/2018 came to be registered against the present petitioners and few unknown persons. The petitioners herein have approached this court through these miscellaneous petitions under Sections 482 CrPC seeking quashment of the FIR.;