- (1.) THE prayer of the petitioner in this application is to quash the entire criminal proceedings and also the order dated 11-04-2007 taking cognizance of the offences under Sections 153a, 153b and 504 of the Indian Penal Code in Complaint Case no. C/1 -382/2007 pending before the Court of Sri B. C. Awasthi, Judicial Magistrate, 1st class, Jamshedpur.
(2.) THE facts of the matter are that the O. P. No. 2 sudhir Kumar, a lawyer of Civil court Jamshedpur and spokesman of a political party namely R. J. D. , filed a complaint case before the Chief Judicial Magistrate, jamshedpur against the petitioner swaraj Thackeray alias Raj Thackeray making the following allegations :- "in the night of 9th March 2007 at about 10. 30 p. m. when the complainant was in his office, he was informed that the petitioner herein has made certain derelictory,defamatory, unconstitutional and illegal statements at a public meeting in Mumbai, which was being relayed by the T. V. channels. The complainant switched-on his Television set and then he could find from one news channel that the accused /petitioner had made certain comments upon the residents of North India specifically against bihari Community who were residing in mumbai in order to earn their bread and butter. On the next date, i. e. 10th March 2007 the complainant found that in almost all the newspapers, the statements of the petitioner was published, wherein he had made statements insulting the entire Bihari community deliberately and intentionally which hurt the emotions, feelings and sentiments of the complainant. The news items carried the heading as "maharashtra mein marathiyon ka samman karo warna thapad ke liye taiyar raho. " The said statements was not only unconstitutional, derelictory, defamatory and unlawful but was made with an intent to insult the entire community made with mala fide intentions and ulterior motive to disseminate disharmony amongst the different groups and with intention to insult the feelings of national integrity of the complainant as well as the entire Bihari community.
(3.) THE complaint case was registered and, thereafter, the complainant was examined on solemn affirmation and on his behalf statements of one witness was also recorded during enquiry under Section 202 Cr. P. C. The learned Magistrate on consideration of the allegations made in the complaint petition, the statements of the complainant on solemn affirmation and the statements of the witness made during enquiry under Section 202 Cr. P. C. as well as the other materials on record including the newspaper cuttings etc. , held that prima facie the materials supplied by the complainant made out a case under Sections 153a, 153b and 504 IPC against the accused Swaraj thackeray alias Raj Thackeray and thereby, he took cognizance of the offence alleged and ordered to issue process against him.;