KRISHNA HOLLA Vs. STATE OF KERALA

JUDGEMENT

(1.) A film screened at "Sree Venkitarmana Talkies" at Udumua (in Kasaragod District) contains portions which the police alleged to be prurient in content and derogatory to decency. The owner and projector-operator of the theatre are now being charge sheeted by the police for offences under Sec. 29 (a)of the Indian Penal Code and also Sec. 5 A as well as Sec. 7(a)(i) of the Cinematograph Act, 1952(for short 'the Act'). It seems that section 4 of the Indecent Representation of Woman (Prohibition) Act, 1986 is also pitted against the said persons. They have filed this Criminal Miscellaneous Case for quashing the charge sheet.

(2.) The offending portions are included in a film, the title of which is "Prayapoorthiyayarkku Mathrarn" which in English means "adults only". It is alleged that the film contains portions disapproved or unapproved by the Board of Finn Certification (for convenance, it is referred to as "Censor Board") and it was screened in the theatre on 7.11.1989. A description of the offending parts in the film has been given in Annexure- A. No contention is raised here that the impugned portions in the film are neither absence nor indecent, but Counsel submitted that petitioners would reserve their right to contend otherwise, if need he, at a later stage.

(3.) A learned Single Judge, before whom the matter came first, felt that the questions raised call for authentic pronounce meant and hence referred the case to a Division Bench. Two more persons were also arrayed as accused in the FIR as they were producer and distributor respectively of the film. But alter investigation, they were deleted from the array of accused on the ground that the said film was riot supplied by either of them. In the Criminal Miscellaneous Case they are also made parties.