Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 295A Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860 - ss. 295A, 34 - Complaint - Quashing of - Complainant was disappointed with the main page of monthly business magazine which carried a painting painted with photo of the petitioner with a caption "God of Big Deals" - He filed complaint petition constituting offence u/s.295A IPC before Magistrate at Andhra Pradesh -;- Transfer petition filed by Petitioner before Supreme Court to transfer complaint case to Karnataka - Meanwhile the pendency of Transfer petition, petitioner sought quashing of the complaint case itself- Held: s.295A does not stipulate everything to be penalised - It penalises only those acts of insults to or those varieties of attempts to insult the religion or religious belief of a class of citizens which are perpetrated with deliberate and malicious intention of outraging the religious feelings of that class of citizens - Insults to religion .offered unwittingly or carelessly or without any deliberate or malicious intention does not come within the section In the instant case, allegations remotely do noi satisfy the essential-ingredients of the offence and therefore, complaint proceeding initiated against the petitioner quashed - Code of Criminal Procedure, 1973 - s.200. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1282 |
Petitioner | Mahendra Singh Dhoni |
Respondent | Yerraguntla Shyamsundar And Anr. |
SCR | [2017] 3 S.C.R. 763 |
Judgement Date | 2017-04-20 |
Case Number | 23 |
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