Chhatrapati Sambhajinagar
The Aurangabad division bench of the Bombay High Court comprising Justice R G Avchat and Justice Sanjay Deshmukh ordered to quash the FIR filed against PSI of Railway Police Force Kishor Mulkunaik.
The Satara police had registered a case against Mulkunaik on the charges of playing songs and Hanuman Chalisa on loudspeaker at his home at the time of ‘Azaan’ going on in a mosque in the vicinity of his house in the Satara area. The nearby residents raised objections to playing the songs and informed the Satara police. The head constable of the police station lodged an FIR stating that the songs were played on loudspeakers with the intention of creating unrest between the two communities.
Mulkunaik submitted an application in court through Adv A B Girase requesting to quash the FIR against him. He stated that his family members and friends had gathered in his house to celebrate his son’s birthday on that day and the songs were played for celebrating the birthday. He had no intention to breach the peace or disturb the prayers in the nearby mosque.
The bench observed that the songs were played to celebrate the birthday of the applicant’s son and he has not violated section 505 of IPC, which stated that he has not made, published, or circulated any statement, rumour or report with the intention to cause fear or alarm to the public. Therefore, the FIR is liable to be quashed. Assistant public prosecution A R Kale appeared for the respondents.