REGENT CINEMA PATNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the order dated 7-5-1985 passed by the District Magistrate, Patna, in Cr. Misc. Case No. 2/64 by which he had directed the Licensee of the Regent Cinema Hall to pay a fine of Rs. 1.000/- under Section 7 (1) of the Bihar Cinema (Regulation) Act, 1954 (hereinafter referred to as 'the. Act').

(2.) The case of the petitioner is that one Sushil Kumar Sinha is the managing partner and the licensee of the Regent Theatre popularly known as Regent Cinema. On 29-2-1984 M/s. Regent Cinema was exhibiting the film 'Inquilab' which was holding "A" certificate meaning thereby that the film was to be shown/only to adults and not to be minors. At about 8.30 P, M. Shri Yogendra Pfasad, Cinema Magistrate, inspected the Cinema premises when the film "Inquilab", was being exhibited and found persons between the sge group of 10 to 20 seeing the cinema in the cinema hall. The said persons were arrested under Section 34 of the Police Act and were produced before the District Magistrate for necessary action. Mr R. P. Singh, Executive Magistrate, imposed fine on them. 15 persons out of them paid fines and were released and two of them could not pay fine and accordingly they were detained till payment of fine.

(3.) Thereafter a notice dated 1-3-1984 (Annexure-3) was issued to the petitioner to show cause as to why action be not taken under Section 7 (1) of the Act for the violation of the terms and conditions of the Licence as well as the direction of the licensing authority for not permitting minor to see film holding "A" Certificate.