MAHENDRA SINGH DHONI versus YERRAGUNTLA SHYAMSUNDAR AND ANR.

MAHENDRA SINGH DHONI versus YERRAGUNTLA SHYAMSUNDAR AND ANR.

Section 295A IPC does not penalise every act of insult; only those with deliberate and malicious intention to outrage religious feelings constitute an offence. The complaint lacked such essential ingredients and was quashed.

Parties
Petitioner: Mahendra Singh Dhoni; Respondent No. 1: Yerraguntla Shyamsundar; Respondent No. 2: Editor of Magazine (Co-accused)
Jurisdiction
India
Judgment Date
20 April 2017
Procedural Posture
Transfer Petition (criminal) No. 23 of 2016 / Final Disposal
Outcome
Petition disposed of; complaint proceedings quashed against petitioner and co-accused.
Legal Topics
Quashing of Complaint, Penal Code Section 295 a, Transfer of Proceedings
Criminal Law Quashing of Complaint Penal Code Section 295 a Transfer of Proceedings

Case Brief

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Parties

Mahendra Singh Dhoni

Petitioner

Yerraguntla Shyamsundar

Respondent No. 1

Editor of Magazine (Co-accused)

Respondent No. 2

Procedural Posture

Transfer Petition (criminal) No. 23 of 2016 / Final Disposal

Legal Issues

  1. 1 Whether the allegations in the complaint constitute an offence under Section 295A of IPC.
  2. 2 Whether the complaint should be quashed due to lack of essential ingredients of the offence.
  3. 3 Doctrine of parity as applied to co-accused.

Ratio Decidendi

Section 295A IPC does not penalise every act of insult; only those with deliberate and malicious intention to outrage religious feelings constitute an offence. The complaint lacked such essential ingredients and was quashed.

Court Disposition

Petition disposed of; complaint proceedings quashed against petitioner and co-accused.

Orders

  • Complaint proceedings quashed against Mahendra Singh Dhoni and co-accused (Editor of Magazine).
  • Transfer petition and criminal miscellaneous petition stand disposed of.