KEVAL SINGH @ KV DHILLON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 Cr.P.C. with a prayer to quash the FIR No. 0003 dtd. 9/2/2020 under Ss. 153, 153-A, 153-B, 160, 107 and 505 IPC (Annexure P-1) registered at Police Station SAS Nagar, District Mohali, Punjab and all the subsequent proceedings arising therefrom.

(2.) The FIR in the present case was registered on the basis of the complaint moved by Bhupinder Singh, Inspector and the same has been reproduced below:-

(3.) Learned counsel for the petitioner contends that the petitioner is a professional film producer, who had produced a film titled as 'Shooter', which is the center of controversy in the present case. The FIR was lodged with the broad allegations that the film portrays the life and criminal undertakings of an infamous gangster, namely, Sukha Kahlwan, and has been accused of promoting violence, heinous crimes, extortion, threats and criminal intimidation. Sukha Kahlwan identified himself as a sharp shooter and was allegedly engaged in over 20 criminal cases. In fact, the FIR also raised concerns about its potential to incite young individuals to participate in armed activities, which were likely to affect public peace and harmony adversely. There was also a reference to the judgment passed by this Court in CWP No. 6213 of 2016, whereby, a prohibition was imposed on live shows which glorify liqour, drugs and propagate violence. Learned counsel further contends that the movie 'Shooter' was released on 21/2/2020, however, the FIR was registered on 9/2/2020 before its release. Thus, on 10/10/2020, the State of Punjab suspended the exhibition of movie for a period of 02 months citing the reason that the release of the movie would glorify violence and the younger generation could get influenced. In the meantime, the petitioner and others applied for certification before the Central Board of Film Certification (hereinafter to be referred as 'the CBFC') and certification No. DIL/3/1/2020-del dtd. 13/3/2020 was issued for the film, confirming its suitability for theatrical display and the petitioner was granted permission to display the movie. Learned counsel further refers to the certification dtd. 13/3/2020 (Annexure P-3) in this regard. However, despite grant of certification (Annexure P-3) by the CBFC, the petitioner could not release the movie in view of the order dtd. 10/2/2020 (Annexure P-2) issued by the State of Punjab. Further, in the purported compliance of the provisions of the Punjab Cinemas (Regulation) Act, 1952, another notification dtd. 12/7/2021 (Annexure P-4) was issued by the State Government, suspending exhibition/release of the movie till further orders. The petitioner filed CWP No. 14594 of 2021 titled as 'Keval Singh Vs. State of Punjab and another' before this Court and challenged the notification dtd. 12/7/2021 (Annexure P-4) before this Court. However, vide order dtd. 30/11/2021 (Annexure P-5), the operation of the notification dtd. 12/7/2021 was stayed by this Court. Thereafter, in view of the interim order passed by this Court, the movie 'Shooter' was finally released on 14/1/2022. Since, the movie had been released and exhibited, the CWP No. 14594 of 2021 was withdrawn before this Court.