LAXMI CHAND JAIN Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER is challenging the order passed by the District Magistrate of suspending the licence as per order (Annexure P-3) dated 31st January, 2001.

(2.) PETITIONER is running a cinema hall Paras Talkies; on 30th July, 2000, a raid was made in the cinema hall and exhibition of blue film was found; offence was registered under Cinematography Act; information was sent by the Supdt. of Police, Sagar vide letter dated 23rd November, 2000; cassettes of blue films were recovered and offence was found to have been committed; challan was filed on September 5th, 2000 before the CJM, Sagar. The petitioner was required to show cause under Section 123 of M. P. Cinemas (Regulation) Rules, 1972 (for short 'the Rules of 1972" ). Notice was issued on 31-1-2001 to the effect that why licence should not be cancelled. Reply was required to be filed within seven days. Suspension order was issued on the same day. Petitioner submits that action to suspend the licence is in contravention of the Rules of 1972; it could not be done without issuance of show-cause notice. Thus, order (Annexure P-3) passed on 31st January, 2001 is bad in law; in contravention of the specific provision of Rule 123 of the Rules of 1972.

(3.) THE respondents in their return contend that licence of the petitioner was renewed upto 31-12-97; the licence was not renewed after 31-12-97. Thus, licence came to an end on December 31st, 1997. Petitioner does not have any right to exhibit the films as such the writ petition is liable to be dismissed.