SHRI PRITAM SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - This is an application under section 482 of the Code of Criminal Procedure for quashing the criminal proceeding registered as GR Case No. 4497/88 pending before the learned Judicial Magistrate, Gauhati. The present petition has been filed by the accused-petitioner who is the proprietor of a Cinema Hall exhibiting films received from distributors, agents etc.

(2.) Shri Barman, SI of Police, Noonmati Police Station on 14.11.88 filed the FIR before the Officer-in-charge of the same police station stating that it was reported that the accused, who is owner of the said Cinema Hall, exhibited the English film 'Endless Love' on 13.10.88. It was also stated that the portion of reel No. 2 of the film which was ordered to be cut by the Central Board of Film Certification was not complied with. In other words the film was exhibited in violation of the order of the Board and thereby the accused person disobeyed the restrictions imposed by the said Board. Accordingly, it was prayed that a case under section 7 (1) (a) of the Cinematograph Act, 1952, for short, 'the Act' may be taken up. After investigation, police submitted charge-sheet under the aforesaid section of law and hence, the present petition.

(3.) I have heard Dr. Sharma, learned counsel for the accused petitioner and Mr. B.C. Das, learned Public Prosecutor.