- (1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of the order dated 21.01.2011 by which the learned Judicial Magistrate, Ranchi found a prima facie offence alleged against the petitioner and others under Sections 453/295A/298 read with 120B of the Indian Penal Code to proceed against them in Complaint Case No.1314 of 2010.
(2.) The prosecution story as narrated in the complain in short was that the complainant was an association of members of Scheduled Tribes being the follower of "Sarna Religion", an association duly registered under the Societies Registration, Act, 1860. Such society was formed for literacy, scientific, charitable and religious purpose viz. for the upliftment of social, educational, economic growth of the members of the Scheduled Tribes, who were the followers of "Sarna". The complainant further explained that the followers of "Sarna" were having their own customs in religious and social matters including the right of inheritance and succession and they used to get their religious rituals performed through "Pahan".
(3.) It was alleged by the complainant that the Christan community in the recent past were continuously indulging themselves by intruding in the religious beliefs of the followers of "Sarna" with the sole motive to give effect to the process of conversion and pursuant to that the Christan Community had been writing, publishing and printing books condemning the religious beliefs of the followers of "Sarna" only with the intent to harm their identity and in this connection they published several books viz. "Tribal Myths", Adivasi Missa Sangrah", "Aadim Dharm Ek Parichay", Khariya Dharam Aur Sanskriti Ka Bisleshan, "Oraon Sanskriti" and Saumya Vyaktitva Ki Talash" by which the accused tried to cause harm to the sole identity of the followers of "Sarna" by directly attacking thier culture, beliefs, places of worship and their deities. The complainant further alleged that the authors, publishers and the printers of the said books have tried to insult the religious beliefs of the "Sarna" people maliciously. It was alleged that the contents of the above books in all respects were detrimental to the religious aims and objects of "Sarna" which was prejudicial to maintenance of harmonyand peace for the different communities by publication of the said books and the accused persons voluntarily committed an offence with intent to insult the religious beliefs of the followers of "Sarna Religion" therefore, the acts of the accused were grossly insulting an abusive, intentionally designed to cause outrage which amount to blasphemy and profanity as would be manifest that their acts were intentional and habitual by writing such defamatory books. During course of enquiry the statement of the complainant represented through the President of Kendriya Sarna Samiti Shri Ajay Tirkey was recorded on his solemn affirmation and the statements of other witnesses were also recorded during course of enquiry.;