DINESHKUMAR HANUMANPRASAD TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This order shall also dispose if Criminal Applications Nos. 470/ 83. 471/83. 479/83, 480/83, 483/83 and 558/83. In all these petitions, the petitioners are the proprietors of caf? and restaurants which are being run in different parts of the State of Maharashtra. The petitioners are exhibiting films in their restaurants to their customers, free of charge, through Video and T. V. sets. According to them the exhibition of cinema, free of charges to the customers with the aid of magnetic tape cannot come under the provisions of the Cinematograph Act, 1952. They have further stated that the Video Cassette Recorder, popularly known as VCR, is both black and white as well as colour on magnetic tape without having cellulose or some other synthetic base and, therefore, cannot be called "film" as the word was understood when the According to them, at that time, the film meant a sheet or ribbon of celluloid of the like prepared with the coating for ordinary photographs or for instantaneous photographs by projection by cinematograph.

(2.) Mr. Padhve has invited my attention to the definition of "cinematograph" and "film" as given in the Cinematograph Act, 1952.

(3.) Mr. S. A. Jaiswal. Advocate, appearing for one of the petitiner has adopted the arguments advanced by Mr. Padhye.