G P SIPPI Vs. VIJAI KUMAR SHUKLA

JUDGEMENT

(1.) THESE are two connected applications under Section 482 of the Code of Criminal Procedure, 1973.

(2.) THE matter relates to a Film Sholey produced by Sri G. P. Sippi, applicant no. 1, of application no. 6193 of 1976. This film/picture was shown in Deep Cinema in the town of Etawah in or about September, and October, 1976. On 9-10-1976 Sri Vijay Kumar Shukla, opposite party no. 1 in criminal miscellaneous application No. 6913 of 1976 filed a complaint against (1) Sri G. P. Sippi, producer of the film, (2) M/s. Rajshree Pictures Private Ltd., Delhi, Distributors of the Film (3) Sri K. D. Bhalla, Proprietor, Deep Cinema, Etawah and (4) Manager, Deep Cinema, Etawah, under Sections 120-A, 415, 419, 420, 463,464, 470, 471 and 478 IPC in the [court of Chief Judicial Magistrate, Etawah. THE criminal case which arose on the basis of this complaint was transferred to the court of Munsif Magistrate, Etawah. THE Munsif Magistrate summoned the applicants under Section 420 IPC. THEreafter on 8-11-1976 petition no. 6913 of 1976 was moved in this court by the four persons who were arrayed as accused in the complaint (copy Annexure A of the application).

(3.) SRI P. C. Chaturvedi, referred to the case of Bindeshwari Prasad Singh v. Kali Singh, 1978 ACrR 36. In this case there were proceedings under Section 107 CrPC between the parties. Both the parties applied for copies of these proceedings on 20-12-1965. One set of copy meant for the complaint was prepared, but it was taken by the accused by signing his name. A lew days later another copy was prepared which was taken by the complainant. The complainant then filed a complaint against the accused. The Supreme Court observed, "The complaint itself contains allegations of a very petty nature, of which hardly any cognizance could have been taken and which would be trivial act under sec. 95 of the Indian Penal Code for which no criminal proceedings could be taken."