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The essence of the offence under Section 153-A of IPC is promoting enmity between different groups on grounds of religion, race, place of birth, residence etc. and doing acts prejudicial to maintenance of harmony. The acts constituting this offence are promoting such enmity or doing such prejudicial acts by words either spoken or written or by signs or by visible representations or otherwise. Thus, the emphasis is on the mode and the action by which attempt is made to promote on grounds of religion, race, place of birth , residence language, caste or community or any other ground whatsoever, disharmony or feelings of enmity or ill-will between different religious, racial, language or regional groups or castes or communities.

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HON'BLE SRI JUSTICE VAMAN RAO 
CRIMINAL PETITION No.4665 OF 1999 

 04/02/2000

Mohd.Khlid Hussain. 

petitioner

State of rep., by P.P.,
Hyderabad. 

respondent 

Counsel for the petitioner:Mr. Mohd. Osman Shaheed. 

Counsel for the Respondent:The Public Prosecutor.

:ORDER: 
Heard both sides.
This petition under section 482 of CrPC seeks quashing of the proceedings in
Crime No.230 of 1997 registered at Asifnagar, Hyderabad for an offence under
Section 153(A) of IPC.
The first information report in question appears to have been registered suo
motu by the police as the offence is said to have been committed in the
presence of police officer in connection with protest rally stand for 6.12.1997
against the demolition of babri masjid.
According to the allegations in the first information report, while Inspector of
Police Mr.A.Laxmanna was moving in the area concerned on 5.12.1997 at about 
10.30 a.m., they said to have noticed the petitioner herein, Mohd. Khalid
Hussain, appealing to the people of muslim community who had gathered there for
reconstruction of the mosque at the original place. It is further stated 'he
was telling in such a manner which promotes enmity between two communities on 
religion basis and thereby instigating the community to indulge in violence and
to disturb the peace and communal harmony accusing other community as a 
responsible in demolition of Babri masjid on 6.12.1992'. On this the
petitioner-accused was taken into custody and a case in crime no.230 of 1997
under section 153(A) IPC read with Section 7(1) of the Criminal Law Amendment
Act.
The contention of the learned counsel for the petitioner is firstly, there is no
offence alleged which could be referred to the so-called 7(1) of the Criminal
Law Amendment Act. In fact, the learned public prosecutor had also conceded
that there is no such provision like section 7(1) of the Criminal Law Amendment
Act, which could be related to the offence alleged in this case.
The next contention of the learned counsel for the petitioner is that the facts
alleged do not constitute an offence under Section 153(A) of IPC. For
convenience of refence, Section 153(A) of IPC is extracted below:

153.A.(1) Whoever - (a) by words, either spoken or written, or by signs or by
visible representations or otherwise, promotes or attempts to promote, on
grounds of religion, race, place of birth, residence, language, caste or
community or any other ground whatsoever, disharmony or feelings of enmity,
hatred or ill-will between different religious, racial, language or regional
groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between
different religious, racial, language or regional groups or castes or
communities, and which disturbs or is likely to disturb the public tranquility,
or
(c) xxxx'

The essence of the offence under Section 153-A of IPC is promoting enmity
between different groups on grounds of religion, race, place of birth, residence
etc. and doing acts prejudicial to maintenance of harmony. The acts constituting
this offence are promoting such enmity or doing such prejudicial acts by words
either spoken or written or by signs or by visible representations or otherwise.
Thus, the emphasis is on the mode and the action by which attempt is made to
promote on grounds of religion, race, place of birth , residence language, caste
or community or any other ground whatsoever, disharmony or feelings of enmity or
ill-will between different religious, racial, language or regional groups or
castes or communities. 
In this case, the police officer at whose instance the first information report
was recorded is said to be an eyewitness to the alleged offence. But, he has
failed to mention the words uttered by the accused. The first information
records only records the opinion or the conclusion drawn by the police officer
but not the words or the other acts attributing to the accused on the basis of
which he has formed such a opinion or drawn such conclusions. 
To ascertain whether an offence as defined under Section 153(A) of IPC has been
committed or not, it is for the court to examine the words either spoken or
written or by signs or by visible representations and come to a conclusion
whether they have a tendency to promote or attempts to promote on grounds of
religion, race, place of birth, residence, language, caste or community or any
other group etc. disharmony or feelings of enmity, hatred or ill-will between
different religious, racial, language or regional groups or castes or
communities . In the absence of any material as to the actual words uttered by
the accused or the acts committed by the accused, the allegations must be held
to be extremely vague.
To ascertain whether apart from the First Information Report, there is any
material by way of recording statements of witnesses under Section 161 of CrPC.
Opportunity was given to the learned Public Prosecutor to obtain necessary
information from the investigating agency. The learned public prosecutor fairly
concedes that the investigating agency have not cared to response to his
enquiries in this regard.
Considering this aspect of the matter, it has to be held that the allegations
appearing in the first information report do not satisfy the ingredients of
offence under Section 153-A of IPC.
In view of this, the proceedings in Crime No.230 of 1997 on the file of
Asifnagar police station deserve to be and is hereby quashed.

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