Law:

Section:

Keywords: Order, Orders, Registered, Magistrate, Jurisdiction, Compliance, Religion, Quashment, Legal Position, Proceedings, Offences, Punishment, Petitioner, Provisions, Government, Cognizance, Procedure, Competent Jurisdiction, Non-Compliance, Competent Authority Result: Proceedings quashed JUDGMENT SAJJAD ALI SHAH, J. -This is an application under section 561-A, Cr. P. C. For quashing proceedings pending in the Court of Sessions Judge, Khairpur for offence under section 295-A, P. P. C. Against the applicant. Shortly stated the facts are that applicant Qaiser Raza was at the relevant time 15 years old and it is alleged that he bad written the names of first three Caliphs (Companions of the Holy Prophet) on the palms of his feet and .Was moving about in the Superior Science College, Khairpur which caused resentment among the students community. The news reached the Principal of the College who closed the College on account of tension as a precautionary measure. On spy informa tion S. H. O. Of Police Station, Khairpur registered F. I. R. Under section 295-A, P. P. C. (Crime No. 78 of 1976) and is stated in its last line that he is filing his complaint on behalf of the State. Applicant was arrested on 22-4-1976 and the case was sent up to the Court of City Magistrate Khairpur and after the amendment in the Law Reforms Ordinance, the case was sent up to the Court of Sessions Judge, Khairpur for trial. The learned counsel for the applicant has contended before me that he would confine his arguments only on a short legal point which is involved in this case and would not advert to the factual aspect of the case. The learned Assistant Advocate-General appearing on behalf of the State has also admitted that the main point involved in the case is of a legal nature and it is not necessary to go into the facts of the case. According to the learned counsel for the applicant the offence against the applicant is under section 295-A, P. P. C. Which provides for punishment in a case in which religion or religious beliefs of any class are maliciously insulted but for initiation of proceedings under this section there is a bar under section 196, Cr. P. C. To the taking of…

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