NASREEN SIDDIQUI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioners Smt. Nasreen Siddiqui and Km. Anju Verma have filed separate writ petitions for quashing the F. I. dated 18th July, 1989 (Ann. 1 to the writ petition) and also for a writ of mandamus declaring that the acting and modelling work of the petitioner is not of obscene or of such nature and on that account the respondent police Authorities cannot interfere with their acting and modelling work.

(2.) According to the petitioners they are Artists and the undertake work of acting, modelling etc. on contract basis and they work for M/s. V. V. Movies situate at 24, Strechey Road, Allahabad and the proprietor is Sri N.B. Montrose. In the night of 17th July, 1989, when the petitioners had gone back from M/s. V.V. Movies, the respondents Nos. 2 to 7 and their subordinates falsely implicated the petitioners in case Crime No. 484 of 1989 under Section 292, IPC, at Police Station Civil Lines, Allahabad and got them arrested from their house. However, it is not in dispute that both petitioners later were released on bail. According to the petitioners, the respondents did not recover any incriminating or obscene work of the petitioners, Yet they were named and falsely implicated in the aforesaid case.

(3.) The petitioners contended that the F.I.R. lodged by the Police and the photographs and the materials recovered from them do not constitute an offence under Section 292, IPC, neither the photographs nor the materials recovered would constitute obscenity within the meaning of the aforesaid Section and thus further, the prosecution on the basis of the said F.I.R. is liable to be quashed.