FAZAL ABDUL HAMID LALANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present petition is filed praying for quashing of the process issued in Case No. 2987 /p/84 pending before the Metropolitan Magistrate, 26th Court, Borivali, Bombay.

(2.) THE petitioner was at the relevant time, working as a Manager of Vaibhav Video Parlour run in the premises of Vaibhav Snack Bar at Dahisar (East), Bombay. According to the petitioner, the said Bar is owned by his brother Ahmed Lalani. The said Bar possessed all requisite licences for an eating house. At the relevant time licences were valid and subsisting. In the part of the premises of the said Snack Bar, a video parlour was being run. In order to ascertain as to whether the video parlour required a licence under the Bombay Police Act or the Cinemas (Regulation) Act, the petitioners brother addressed a letter dated 10th February, 1984 to the Assistant Commissioner of Police. Theatre Branch, Bombay. A copy of the said letter is annexed to the petition as Annexure "a". In the said letter, the petitioners brother has stated that he had paid entertainment duty for the month of February, 1984 for the exhibition of video film at the said address. In the said letter he had requested for grant of necessary Police Licence for video exhibition. It is also stated that he is ready to pay necessary fees and to abide by all rules and regulations made for the said purpose. By letter dated 10th May, 1984 addressed to Assistant Commissioner of Police. Theatre Branch, Crawford Market, Bombay, the petitioners brother again requested for permission to exhibit the video cassettes. T. V. programmes.

(3.) MR. Kanuga, learned Counsel appearing for the petitioner submitted that by letter dated 22-6-1984 the petitioners brother was informed by the Commissioner of Police for Greater Bombay that the question whether video is a Cinematograph, is being debated in the High Court and pending decision of High Court is not possible to take any action on his application and that necessary action will be taken after the decision of the Court. The petitioners brother was informed that he may approach the Regional Officer, Central Board of Censor, State of Maharashtra at 91-B. Walkeshwar Road, Bombay 400 006 for getting Censorship Certificate for video film which he proposed to exhibit. Mr. Kanuga submitted that till date no further communication has been received by his client from the Commissioner of Police, Greater Bombay as to whether any action has been taken on his application. On 9th of December, 1984, the Police Officers of Dahisar Police Station visited the petitioners place and asked the petitioner to stop the video show. They insisted that the said show should be closed. It appears that Criminal Case No. 2987/p/84 came to be filed in the Court of Metropolitan Magistrate, 26th Court, Borivali, against the petitioner. The petitioner was charged for the offence punishable under section 3 read with 7 Bombay Cinemas (Regulation) Act, 1953, 108 (i) (2) Maha. M. C. R. Act Rule 33 (2)-22-51. In the said case, process came to be issued by the learned Magistrate. As stated above, the present petition is filed for quashing the said process.