D.K.SINHA, J. - (1.) THE instant Cr. Revision is directed against the order impugned dated 5.5.2009 passed by Shri D. Roy, Judicial Magistrate, Jamshedpur in Parsudih PS. Case No. 138 of 2005 corresponding to G.R. No. 2282 of 2005 by which the petition filed on behalf of the petitioners for their discharge for the alleged offence under Sections 290/295A/420/34 I.P.C. was rejected.
(2.) THE prosecution story in short was that the Officer -in -Charge of Parsudih Police Station i.e the informant herein having perused the news item in the daily newspaper "Prabhat Khabar" that a Tandav Dance was held and organized by Anand Margis with the photographs of the said dance duly performed by the children having human skull and dagger in their hands having been published in news items. The informant gathered from his sources that on 15.10.2005 as also on the subsequent day on 16.10.2005 the Public Relations Secretary, Sunil Anand of "Anand Marg" had organized the Tandav Dance by putting the District Administration in dark and he had invited the media persons for coverage of such programme in print media as well as in electronic media and accordingly the same was telecast on different T.V. Channels. It was stated that such telecast of such event especially Tandav Dance was prohibited by the order of the Apex Court. The said programme was repeated from 20.10.2005 to 23.10.2005 in the Ashram of "Anand Marg" at Godra which also attracted the attention of print media and electronic media and in that manner the organizers of such tried to cause hurt to the sentiments of the people of different faiths. Acharya Manav Mitranand Awadhoot was the chief functionary and the event was organized under the supervision of Acharya Chandradeo and Sunil Anand who were the active members of such organization and by their act they have committed the offence. The F.I.R. was instituted against three named accused, who are the petitioners herein and also against their associates. Learned Counsel appearing on behalf of the petitioner at the outset submitted that the petitioners were innocent and no offence much less the offence alleged under Sections 290/295A/420/34 I.P.C. could be attracted against any of them. Section 290 I.P.C. relates to public nuisance that has 'been defined under Section 268 I.P.C.
(3.) LEARNED Counsel pointed out that by performing "Tandav Dance" the Demonstrators did not cause any public nuisance, as the same was performed in the Ashram, which has been admitted by the informant. The main ingredient of the offence nuisance is that it may cause injury or annoyance to the public or to the people to dwel or occupy property in the vicinity, which must unnecessarily cause injury, danger, obstruction or annoyance. But in the instant case none expressed any grievance of any kind against such Tandav Dance which was confined within the periphery of a Ashram. The Counsel relied upon the famous latin maxim "Sic Uteri Tuout Allienum Nun which means enjoy your own property in such a manner and not to enjoy the rights of another.;