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The FIR was registered following a complaint alleging that some unknown individuals entered the mosque, shouted the slogan "Jai Shree Ram," and threatened that they would not leave the community, after which they reportedly fled the scene
The Karnataka High Court recently observed that it is ununderstandable how chanting "Jai Shree Ram" in a mosque outrages religious feelings and quashed an FIR filed against a 2 persons
A single-judge bench of the high court, comprising Justice N Nagaprasanna, was hearing a petition filed by the man seeking to quash the FIR.
The FIR was registered following a complaint alleging that some unknown individuals entered the mosque, shouted the slogan "Jai Shree Ram," and threatened that they would not leave the community, after which they reportedly fled the scene.
The complaint also mentioned that Hindus and Muslims in the Kadaba Police Station's jurisdiction had been living in great harmony, and the individuals who shouted "Jai Shree Ram" were attempting to create a rift between the communities. As a result, an FIR was registered under Section 295A of the IPC.
The counsel for the applicants argued that none of the necessary elements for the alleged offence under Section 295A were present in this case. The counsel further contended that, at most, the offence could fall under Section 447 of the IPC, which deals with criminal trespass.
On the other hand, the government pleader argued that the petitioners had no right to enter the mosque, shout "Jai Shree Ram," or threaten the muthavalli (caretaker). Thus, the government pleader asserted that the matter required investigation and sought dismissal of the petition.
The high court while quashing the FIR noted that it is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class.
“Section 295A deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindu – Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony,” the order reads.
Accordingly, the high court quashed the FIR filed against the petitioners.
Case title: Keerthan Kumar & Anr vs State of Karnataka
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