RITESH SIDHWANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Sri Imran Ibrahim, learned counsel for the petitioners in Writ Petition Nos. 851 of 2021 and Sri. Manish Tiwari, learned Senior Advocate assisted by Sri Imran Ibrahim, learned counsel for the petitioners in Writ Petition No. 1665 of 2021, Sri Rahul Mishra, learned counsel for the Informant / respondent No. 3 and Sri Arunendra Kumar Singh, learned Additional Government Advocate appearing for the respondent-State of U.P. The writ petition no.851 of 2021 is being treated as the leading case.

(2.) In both the writ petitions pleadings have been exchanged and with the consent of parties, Writ Petition Nos. 851 of 2021 and Writ Petition No. 1665 of 2021 are being decided by a common judgment as both the Writ Petitions seek quashing of the F.I.R. in Case Crime Number 0016 of 2021, under Sec. s 295-A, 504, 505 and 34 of the Indian Penal Code [IPC] and Sec. 67-A of the Information Technology Act [IT Act] in Police Station Kotwali Dehat, District Mirzapur filed by one Arvind Chaturvedi, who has been arrayed as the respondent number 3 in both the Writ Petitions, in Police Station Kotwali Dehat District Mirzapur against the petitioners, one Bhowmik Gondaliya and OTT platform company web series Amazon Prime. In both the writ petitions, the Court has accorded interim orders on 29.1.2021 (CRLP 851 of 2021) and 18.2.2021 (CRLP 1665 of 2021). For ready reference, the order dated 18.02.2021 is quoted as under:-

(3.) The allegations levelled in the FIR against the accused persons Ritesh Sidhwani, Farhan Akhtar, Bhaumik Gondaliya and OTT Platform Comany Web Series Amazon Prime, are that Mirzapur is the place of Goddess Vindhyavasini which is the centre of the belief and inspiration for the entire world and the informant is a native resident of Mirzapur. Recently the informant came to know that a series titled 'Mirzapur' is being web casted on the OTT platform Amazon prime and when he watched some episodes he was shocked because against his expectations Mirzapur is presented as an anti-social and criminal place depicting illicit relations in the family, abusive language and caste-based animosity. False and vitiated depiction of the courts, advocates and even that of the judicial system is also shockingly portrayed. Small video clips taken from this web series are also available on Facebook, Instagram and many other social media platforms. Besides being far away from the social structure and normal life of the common man of Mirzapur, the entire series hurts the religious, social and regional feelings of the informant and it spreads hatred and corrupt mindset in the society.