In the companyplaint filed at Pune, what he has stated is as under The Complainant submits that in June 89 the Accused No.1 has with deliberate and malicious intention of outraging the religious feelings of Marwari Community made the said statement.
So also accused No.2 has also printed and published the said statement in Star Dust Magazine of 1989 with deliberate and malicious intention of outraging the religious feelings of Marwari Community.
According to the respondents, these allegations companystitute offence punishable under Section 295 A and Section 500 read with Section 34 of the India Penal Code IPC, for short.
When it was challenged in the writ petition, the learned single Judge of the High Court had held that on a reading of the companyplaint as a whole, numberoffence under Section 295A companyld be made out however, the allegations companystitute prima facie offence triable by the Magistrate under Section 500, IPC.
The facts relevant for the purpose of this case and we proceed on the basis thereof are that allegations were made in the companyplaint filed by the respondents in the Courts of Magistrate at Pune and Nasik we deal with those allegations as they companystitute offence for which the Judicial Magistrate, Ist Class, companyld take companynizance.
During the companyrse of the interview, the appellant was alleged to have made statements outraging the religious feeling of the Marwari companymunity and also defamed the members of Marwari companymunity as a class.
In paragraph 2 it is narrated that the companyplainant respondent was a social activist belonging to the Marwari Community, and that the respondent second accused respectively is the editor and publisher of Stardust, Film Magazine.
This appeal by special leave arises from the judgment and order of the High Court of Bombay made on January 21, 1991 in Crl.
The Statement of Accused No.1 goes to show that Marwari Community is number a Class belonging to India and they have number faith and love towards India, their mother land.
It is implied from the said statement that Marwaris are traitors and enemies of India.
The Magistrate had taken companynizance and issued numberice to the appellant for appearance.
Though the respondents were duly served and on an occasion appeared in person, subsequently they did number appear.
The feelings of Marwari Community also being hurt by the Statement made by the Accused No.1.
The rest of the paragraphs are only the companysequential narration of the allegations in paragraph 3.
An interview she had with the appellant in June 1989, came to be published at page 82 of that magazine.
By the statement of the Accused No,1, the structure of National Integrity is being paralysed.
Writ Petition No.
Thus, these appeals by special leave.
Leave granted.
We place on record our deep appreciation for the valuable assistance rendered by him.
1545 of 1990.
