JEETENDRA Vs. NAND KISHORE AGARWAL

JUDGEMENT

(1.) This Rule is directed against an order dated May 19, 1971, passed by Sri S.N. Shome, Police Magistrate, Alipore, in case No. C2586 of 1970 issuing process against the Petitioner and others under Sec. 292 of the Indian Penal Code.

(2.) On August 29, 1970, the complainant -opposite party Nand Kishore Agarwala, claiming to be a member of the Cine Film Reform Association of India, filed a petition of complaint before the Suburban Police Magistrate of Alipore, against the Petitioner and against 17 other persons, inter alia, on the following allegations: The Complainant went to the Rupali Cinema Hall at Ashutosh Mookerjee Road, Bhowanipore, on August 25, 1970, and saw a Hindi film entitled HUMZOLI after purchasing a ticket for the night show. He saw the film and considered it completely indecent and obscene. It was further stated in para. 18 of the said petition of complaint that the film in question contained scenes and postures of accused Nos. 1, 2 and 17 which lower the sacredness of the institution of marriage. It was also alleged, inter alia, in the said paragraph that there were scenes suggesting that illicit sexual relations were ordinary incidents of life. There were also scenes of illicit sexual relations, excessively passionate love scenes, indelicate sexual relations and situations and states of nudity.

(3.) The learned Magistrate examined the complainant on oath and passed an order under Sec. 202, Code of Criminal Procedure, for holding a judicial enquiry and report by October 19, 1970, by Sri J. N. Sarkar, Magistrate, First Class; Alipore. The said report was not received on October 19, 1970, and the learned Magistrate extended the date till November 16, 1970, On November 16, 1970, a report was received from the' learned enquiring Magistrate and after scrutinizing the said report the learned Magistrate directed another enquiry by Sri S.L. Roy, Magistrate, First Class, and the learned Magistrate was directed to submit a, report by December 12, 1970. Thereafter the date for submitting the report of the second judicial enquiry was extended from time to time till May 12, 1971. On May 12, 1971, the complainant was present, but no report of the judicial enquiry was received and the learned Magistrate, dealing with the file of the Suburban Police Magistrate, extended the date up to June 9, 1971.