TMI Blog2013 (8) TMI 1141X X X X Extracts X X X X X X X X Extracts X X X X ..... ffences Under Sections 294 and 504 Indian Penal Code. 3. The Complainant (2nd Respondent herein) is the sister-in-law of the accused, being the wife of the complainant's brother. Complainant and her brother are the sole surviving heirs of their parents who are no more. Facts indicate that the father had the tenancy rights over the flat where the incident is alleged to have taken place. 4. Complaint Case No. 4701623/SS/11 was filed before the Additional Chief Metropolitan Magistrate, 47th Court at Esplanade Mumbai alleging offences punishable Under Sections 298 and 504 Indian Penal Code. Complainant stated that she moved into the above mentioned flat on 23.04.2011 along with her husband, her servants and necessary household belongi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to the ground and the flame was extinguished. She did this with the deliberate intention of wounding the religious feelings of me and my husband knowing fully well that it would not only wound our religious feelings but will cause us a lot of hurt and anguish at this sacrilege at her hands. At this point of time, even S.I. Pawar tried to reason with her not to indulge in such a sacrilegious act. Even then, the Accused ignored the pleas of her own daughter and of S.I. Pawar to stop indulging in such sacrilege to our Gods, and intentional insult to me and my husband. Thereafter, Marisha shouted at the Accused and asked her to stop indulging in such acts. (Emphasis supplied) 5. On the basis of the above allegations, the complainant p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been fully satisfied. Further, it was also pointed out that it is not necessary that the complaint should verbatim reproduce the words spoken by the Appellant and that once the complaint makes out a prima facie case for issuing the process and the Court is satisfied of the same, the Court has got the power to issue the process Under Section 202 Code of Criminal Procedure. 8. Learned Additional Sessions Judge, after examining the rival contentions, found no merits in the application and dismissed the same vide his order dated 27.7.2012. Aggrieved by the same, the accused preferred Criminal Writ Petition No. 2944 of 2012 for quashing the proceedings initiated Under Section 504 Indian Penal Code before the High Court. Learned single Judge o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gredients of the offence nor is it necessary that the complaint should state in so many words that the intention of the accused was fraudulent. 11. We are, in this case, concerned only with the question as to whether, on a reading of the complaint, a prima facie case has been made out or not to issue process by the Magistrate. The law as regards issuance of process in criminal cases is well settled. At the complaint stage, the Magistrate is merely concerned with the allegations made out in the complaint and has only to prima facie satisfy whether there are sufficient grounds to proceed against the accused and it is not the province of the Magistrate to enquire into a detailed discussion on the merits or demerits of the case. The scope of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with both. 13. Section 504 Indian Penal Code comprises of the following ingredients, viz., (a) intentional insult, (b) the insult must be such as to give provocation to the person insulted, and (c) the accused must intend or know that such provocation would cause another to break the public peace or to commit any other offence. The intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence. The person who intentionally insults intending or knowing it to be likely that it will give provocation to any other person and such provocation will cause to break the public peace or to commit any other offence, in such a situation, the ingredients of Section 504 are satisfied. O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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