J P DUTTA Vs. RAVI ANTAROLIA

JUDGEMENT

(1.) This is a petition U/s482 Cr.P.C. for quashment of proceedings of Criminal Case No. 110/04.

(2.) Short facts of the case are that the repsondent filed a private complaint against the petitioner U/s2 of Prevention of Insult to National Honour Act, 1971 (which shall be referred hereinafter as an Act) alleging that the petitioner is producer of a film titled as LOC Kargil. It was alleged in the complaint that in the said film the petitioner has exhibited the coffins of the soldiers covered by the National Flag, It was alleged that National Flags were wrongly used for covering the coffins. It was alleged that the act of the petitioner amounts to commit an offence which is punishable U/s2 of the act. It was alleged in the complaint that after taking cognizance of the offence and also after notice, petitioner be convicted. After filing of the complaint and also after recording of statement U/s200 and 202 Cr.P.C. learned Trial Court took cognizance of the offence vide order dated 04/02/04 and issued bailable warrant of, the petitioner, against which the present petition has been filed.

(3.) Mr. ZA. Khan, learned senior counsel appearing on behalf of petitioner submits that the impugned order passed by the learned Trial Court is illegal and deserves to be quashed. It is submitted that at the time of shooting of the film one Colonel of army always remained present at the site/location and the entire shooting of the film was picturised under the supervision and guidance of the Colonel of the Army of this Country. It is submitted that the Ministry of defence has issued a certificate to the effect that keeping in view the modifications / deletions suggested by the Army Headquarters and based on the preview of the amended provision held in New Delhi on 05/12/2003 film "Kargil War, 1999" (LOC) has been considered fit for clearance from the Army's image point of view as well as security. It is submitted that the certificate was also issued by the Central Board of Film Certification wherein it was certified that after examination of the film by the members of the Examining Committee on the recommendations of the committee the board hereby certifies that the film is fit for unrestricted public exhibition. Learned counsel further submits that in the Flag there is no scene which may have been considered detrimental or insulting to the National Flag as neither the Army nor the Central Board of Film Certification has pointed out for such act. It is submitted that none of the ingredients have been proved nor any evidence has been produced for constitution of an offence under the act. It is submitted that the petition filed by the petitioner be allowed and the impugned order passed by the learned Court below and the complaint filed by the respondent be quashed.