APPACHAN Vs. S.I. OF POLICE

JUDGEMENT

(1.) The petitioner is the 2nd accused in C.C.No.712 of 2011 on the files of the Judicial First-Class Magistrate Court-III, Thiruvananthapuram (for short, 'the trial court'). The offence alleged is punishable under Sec. 7(1)(b) of the Cinematograph Act, 1952 (for short, 'the Act').

(2.) The prosecution case in short is that a Malayalam feature film, namely "Vellinakshathram" produced by the 1st accused and distributed by the 2nd accused, was exhibited at Kairali Sree Theatre at Aristo Junction, Thambanoor Ward, Thycaud Village, inserting a scene, where the prime actor, Sri.Siddique was seen strangulating a small kid to death. It is alleged that the said scene, which has caused panic and distress to the viewers, was added after the film had been certified by the Censor Board. The 3rd accused was the manager, and the 4th accused was the film operator of the theatre.

(3.) The petitioner has approached this Court invoking Sec. 482 of Cr.P.C. to quash the proceedings against him on the ground that the allegations in the final report, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged.