SANJAY GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant no.1 is by profession a Film Director and Producer. The applicant no.2 is a company incorporated under the Companies Act, 1956, doing the business of film production. They are named as the accused in C.R.No.47 of 2012 which is in respect of offences punishable under Sections 417, 419, 465, 468, 469, 471, 473, 474, 475 of the Indian Penal Code (IPC) read with 34 thereof, as also the offence punishable under Section 66(d) of the Information Technology Act, 2008. By this application under Section 482 of the Code of Criminal Procedure (Cr.P.C.), they are invoking the inherent powers of this court, praying that the First Information Report (FIR) and the investigation carried out on that basis, be quashed.

(2.) THE First Information Report (FIR) has been lodged by one Vishal Jadhav, Sub Inspector of Police attached to Versova Police Station, at the material time. The substance of the FIR is that while the first informant was on duty at Versova Police Station, he received information that "some one was using the name of the Commissioner of Police, BrihanMumbai, and the official seal, without the prior permission of the Commissioner of Police, BrihanMumbai," and was publishing the information through a website on internet. On internet surfing, he learnt that on a website called "glamsham.com" an advertisement in respect of the production of a movie "Shootout at Wadala" was being displayed. He also realized that the said advertisement was being displayed by the applicant no.2 and Balaji Motion Pictures, and that the Director of the said movie ­ Sanjay Gupta i.e. the applicant no.1, had given the said advertisement. That, in the said advertisement, he had appealed to the members of public, on behalf of the Commissioner of Police, BrihanMumbai, to remain present on 29.2.2012, at Mehboob Studio, Stage No.2. The advertisement mentioned that the Commissioner of Police was to give a lecture on the sudden and dangerous rise of the organized crimes and the plans of the police to tackle the same. That, at the end of the said news, the emblem, that is being used by the Police, is also shown.

(3.) I have heard Mr.A.H.H.Ponda, the learned counsel for the applicants. I have heard Mr.A.S.Shitole, the learned APP for the State. I have gone through the FIR and the statements recorded during investigation.