R.R. Prasad, J. - (1.) HEARD learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing the order dated 02.02.2006 passed by the then Judicial Magistrate, 1st Class, Jamshedpur in Complaint Case No. C/1 -303 of 2005 whereby and whereunder cognizance of the offence under Section 295A/34 of the Indian Penal Code has been taken against the petitioner and one Satish Chandra.
(2.) THE said order is being sought to be quashed on the ground that the court, without having order of sanction for prosecution, in terms of the provision as contained in Section 196A of the Criminal Procedure Code, has taken cognizance of the offence punishable under Section 295A of the Indian Penal Code. It does appear that in a fortnightly Magazine "The Saras Salil" published from New Delhi, an article "Chath Puja: Andhbiswason Ka Mahaparv" "(Great Festival of Superstitions)" was published.
(3.) ON reading such article, the Opp. Party No. 2 lodged the complaint on the allegation that such article has been published with deliberate and malicious intention to outrage and insult religious feeling and belief of the natives of Jharkhand, Bihar and U.P. and the citizen of the other States, who have deep faith in Chath Puja.;