VISHESH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for quashing of the prosecution as instituted against the petitioners who are the Producer, Director, Actors and otherwise associated with production of a T. V. serial, in pursuant to an F.I.R. registered against them being Patna, Kotwali Police Station Case No. 280 dated 07.08.2002. The case was registered by the police under Sections 153(A)/292/509/387/501/502/504/120(b)/34 of the Indian Penal Code. The informant opposite party No. 5 has appeared and has been heard.

(2.) THE petitioners have challenged that the prosecution is not maintainable, and is malafide in law or even otherwise could not be at the instance of the informant. In view of the nature of allegation as made out, it is, further, submitted that the manner in which the F.I.R. was registered and the subsequent conduct of both the Magistrate and the police raises an apprehension that the prosecution is not for any legitimate grievance but for some other purpose and as such is an abuse of process of Court.

(3.) THE petitioner read in newspaper that on the evening of 05.08.2002, a serial of the said name was to be telecasted in which photographs of the Actors as appearing in the serial show that they resembled former Chief Minister. Informant then saw the serial and in his opinion it was nothing but an attempt to defame and character assassination of the said person because of which there could be communal tension. On 06.08.2002, he saw the serial again and to him it appeared that again the said person was characterized as abductor etc, as such, it was defamatory. The serial in opinion of the informant was degrading their government and the family of the said person.