Bombay HC Refuses To Quash FIR Against Printing Press Owner, Employee In Banner Case Over Alleged Religious Enmity

Mumbai, July 8, 2026: The Bombay High Court has refused to quash criminal proceedings against a printing press owner and his employee accused of printing and displaying a banner condemning the 2023 killings of gangsters Atiq Ahmed and Ashraf Ahmed, holding that its contents prima facie promoted religious enmity and hurt religious sentiments.

Justice Neeraj Dhote, sitting at the Aurangabad Bench, observed that a plain reading of the banner showed it referred to a particular religion and used abusive language against it, attracting offences under the Indian Penal Code.

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Banner Led To FIR

According to the prosecution, a 15x10-foot flex banner was displayed at Dr Ambedkar Square in Majalgaon after the April 2023 killings of Atiq Ahmed and Ashraf Ahmed in police custody in Uttar Pradesh. While condemning the killings, the banner allegedly used abusive words against the Hindu community and warned that those responsible would face consequences.

An FIR was registered under Sections 153A, 188, 294, 295A, 298 and 505(2), read with Section 34 of the IPC, along with Section 135 of the Maharashtra Police Act. The State alleged the banner was intended to create disharmony, hatred and enmity between religious communities.

The investigation revealed that applicant Shaikh Wajed had printed the banner at his press, while co-applicant Shaikh Nasir had pasted and displayed it in the public square.

Plea For Quashing Rejected

Seeking quashing of the FIR and criminal proceedings, the applicants argued they had merely printed and displayed the banner on the instructions of two co-accused. Relying on recent Supreme Court rulings, they contended that even if the prosecution's case was accepted, no offence was made out against them.

Opposing the plea, the State argued that the language used on the banner clearly attracted offences relating to hurting religious sentiments and that the applicants were aware of its contents.

Rejecting the plea, Justice Dhote held that the Supreme Court decisions cited were factually distinguishable.

Court Finds Prima Facie Case

"A careful reading of the messages... shows that there is reference of one religion and abusive words towards that religion. The said material, if taken as it is, makes out a prima facie case," the court observed.

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The court further held that the applicants could not escape liability merely because one printed the banner and the other displayed it, observing that they could prima facie be attributed with knowledge that its publication would hurt religious feelings. Holding that a quashing petition is not the stage for a mini-trial, the High Court dismissed the application.

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