RISHI RAJ Vs. STATE

JUDGEMENT

(1.) By virtue of this Petition under Section 482 of the Code of Criminal Procedure("the Code"), the Petitioners challenge an order dated 02.06.2011 passed by the learned A.C.M.M. whereby the police was directed to conduct further investigation expeditiously and promptly. The order dated 02.06.2011 is extracted hereunder:

(2.) This case has a chequered history. A case under Section 7(1)(C) of Cinematograph Act, 1952 and Section 63 of the Copyright Act, 1957 vide FIR No.120/2004 P.S. Special Cell, Delhi was registered on the basis of a complaint dated 15.09.2004 to the effect that a movie "Divine Lovers" with adult scenes was being run at Aakash Cinema at Azadpur, North Delhi, during exhibition of the film a raid was conducted at Aakash Cinema and it was found that at the end of the film, some scenes showing a man and a woman doing sexual intercourse were shown. On 19.04.2005, a report under Section 173 of the Code was presented to the Court of learned Metropolitan Magistrate("M.M.") wherein the names of the three accused persons who were actually exhibiting the film were shown in column No.4, whereas the names of the four accused including the two Petitioners herein were shown in column No.2. It would be relevant to refer to the averments made in the report under Section 173 of the Code against the two Petitioners and the two other persons as under:

(3.) By an order dated 23.04.2005, the learned A.C.M.M. took cognizance of the offence and ordered issuance of the summons against the accused. The order dated 23.04.2005 is extracted hereunder: