The accused were charged under the Indian Penal Code (IPC) Section 295A (outraging religious feelings) for allegedly raising 'Jai Shri Ram' slogans in a mosque
The Karnataka High Court on Tuesday quashed a criminal case against two men for allegedly raising “Jai Shri Ram” slogans inside a mosque, saying it was not understandable how the slogan would outrage the religious feelings of any class.
The high court made the observation after noting that the complainant in the case had himself said that Hindus and Muslims were living in harmony in the concerned area. It further said that as no ingredients of the offences alleged were made out, permitting further proceedings against the petitioners would become an abuse of process of law.
The two men were booked under various Indian Penal Code (IPC) offences including Sections 447(Punishment for criminal trespass), 505(Statements conducing to public mischief), 506(Punishment for criminal intimidation), 34 (common intention), and 295A (outraging religious feelings).
Permitting of further proceedings against the petitioners would become an abuse of process of law, the bench underlined.
Referring to the Supreme Court order, the bench said any and every act will not become an offence under Section 295A of the IPC.
The police had charged that the accused persons had barged inside the mosque on September 24, 2023, at about 10.50 pm and raised slogans of “Jai Shri Ram”. They were also charged with threatening.
When the complaint was registered the accused were shown as unknown persons and later the accused were taken into custody.
However, challenging the allegations against them, the accused filed an appeal before the Karnataka High Court and quashed the case in this regard against them.
The bench also noted that the complainant mentioned that Hindus and Muslims lived in harmony in the area and also claimed shouting “Jai Shri Ram” slogans would flare up communal tension.
(With agency inputs)
