Kashmir Singh and others vs State of Punjab

Arvind Kumar, J.—The petitioners are facing prosecution in case FIR No. 10 dated 26.1.2005, under Sections 336, 124-A, 153-B, 120-B IPC and 25, 27, 54, 59 of Arms Act, Police Station Islamabad, Amritsar.

Vide the impugned order dated 6.4.2009 they have been ordered to be charge-sheeted under the aforesaid Sections and their application filed u/s 227 Cr.P.C. seeking their discharge has been dismissed by the learned Addl. Sessions Judge. Thus, by way of present revision petition, the petitioners are seeking their discharge only from Sections 124-A and 153-B IPC.

I have heard learned counsel for the parties and have gone through the paper book carefully. The allegations against the petitioners are of sedition and that of doing acts prejudicial to National integration. I have gone through the FIR carefully and minutely and of the view that if the allegations in the FIR are taken on their face value, no charge under Sections 124-A and 153-B IPC is made out against them and continuation of proceedings against them would be nothing but misuse of the process of the Court. Mere casual raising of some slogans, without intention to incite people to create disorder neither constitute any threat to Government of India nor it gives rise to feeling of enmity of hatred among different communities or religious or other groups. Reference can be made to the case of Balwant Singh and another Vs. State of Punjab, . This Court in the cases of Simranjit Singh Mann v. State of Punjab, 2008 (1) R.C.R.(Cri) 588 : (Crl. Misc. No. 35002-M of 2007, decided on 22.4.2008) and Gurjatinder Pal Singh v. State of Punjab, 2009 (3) RCR (Cri) 224, while following the ratio of law laid down in the case of Balwant Singh (supra), in the similar circumstances, quashed the proceedings against the petitioner therein. The instant case is squarely covered by the view taken in the authoritative pronouncement in Balwant Singh''s case (supra).

Consequently, the impugned order and charge-sheet to the extent of offence under Sections 124-A and 153-B are set aside and the petitioners are discharged of the said offences. However, proceedings against the petitioners, under the remaining offences, to continue before the Court of competent jurisdiction.