CASE TITLE – Mahendra Tripathi vs. State of Madhya Pradesh [MISC. CRIMINAL CASE No. 40839 of 2021]
JUSTICE – HON’BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
Reserved on : 06.09.2022
Pronounced on : 19.12.2022
Police station : Bhanvarkuan, District Indore
Under S. 482 of Cr.P.C. a petition was preferred for Quashing of FIR registered against the applicant for the offences U/S. 505 and 295-A, IPC along with S. 67 of the IT Act, 2000, the criminal proceedings were pending against him before the court of Judicial Magistrate First Class, Indore. This pharma ad is allegedly hurting the religious sentiments of people and so the complainant filed an FIR against the head of the pharma firm.
Though, having perused the content of the condom ad., it was seen that the pharmaceutical company did not had any intention to hurt the religious sentiments of community in any manner. That, the ad only contained that content for the purpose of selling and promoting. And so the court quashed the FIR, Chargesheet and any subsequent proceedings that were pending.
BRIEF –
The person against whom the complaint was filed was the owner Morphus Pharmaceuticals Pvt. Ltd. – Mahendra Tripathi. He ran a promotional offer for free condoms and pregnancy kit for two days in Navratri season, 2018. It was also submitted by him that he himself is a Hindu and would not do anything to incite the feelings of the community. He posted the image of the ad on WhatsApp groups and his Facebook page saying –
“Pre Loveratri Weekend Offer – Condoms (pack of 3)/Pregnancy Test Kit at INR 0”.
The basic idea behind running this campaign was just to inform people about the offer from 6th October to 7th October, the package would be of free of cost. In this offer post a couple playing Garba was also shown in the background.
The complainant, Ajay, made a written complaint to the SHO stating that the advertisement hurt the religious sentiments and thereafter an FIR was lodged against the applicant. The investigation was completed and charge sheet was filed against him before the Court. Hence, the applicant moved for the Quashing of the consequent charges directed on him.
It was submitted before the court by the counsel for applicant that he published the ad in good faith, just offering to lure the customers and the image depicts the Navratri period. Opposing to this, it was said by the counsel of state that this ad had hurt the religious feelings of Hindu and that the act itself is criminal in nature and hence no relief should be granted.
WHAT COURT OBSERVED HERE –
The Essential ingredients of S. 295-A of IPC is deliberate and malicious intention of outraging the religious sentiments, feelings or insulting the religion or religious beliefs of a class. And essentials of S. 505 of IPC is intent to incite any class or community of a person to commit any offence. It is clear that in the present case the mentioned ingredients are not said to be made and that the mentioned offences cannot be said to made out against the applicant or state. Upon perusal of the alleged post, it is apparent that the contents of the same are not obscene hence, ingredients of Section 67 of the I.T. Act are also not fulfilled.
“Since there is nothing on record except the said post which indicates his such intention therefore, considering the fact that he himself belongs to the Hindu community, and so also the fact that he posted the said image from his own mobile number without concealing his identity, it appears that his intention was just to promote the product of his company and not to hurt the religious feelings and sentiments of any community.”
The Court allowed the petition to meet the ends of justice.
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