ISMAIL MERCHANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition filed under Section 482, Code of Criminal Procedure, 1973, (Cr.PC) Ismail Merchant and Tim Van Rellim, both Co -producer of M/s Merchant Ivory Production which is producer of film, 'Deceivers', under shooting have challenged the criminal proceedings before the Judicial Magistrate No, 4, Jaipur City Jaipur, under criminal complaint No. 1 moved at the instance of Miss Sunayna complainant -non petitioner No. 2, for quashing the proceedings, wherein they have been summoned for the alleged offences under Sections 292, 292, 268 and 500/34, IPC.

(2.) A sketch of primary facts giving rise to this criminal petition is thus, Sunayna Mishra, the non -petitioner No. 2 filed a complaint in the Court of Judicial Magistrate No. 4, Jaipur City, Jaipur, alleging therein that a film, 'Deceivers', is being filminised by M/s Ismail Merchant Ivory Production; and for that purpose, shooting is going to be made in or around Jaipur City; the petitioners are in know of the fact that the aforesaid film depicts wrong feature and character of our Hindu culture, religion, and mythology; the Goddess of 'Kali' which is a symbol and Goddess of Power and worshipped througout the country by millions, has been depicted as 'Goddess of Evil' and has been projected as 'Demon God', as is evident from the extracts of the story. The non -petitioner No. 2 alleged while quoting some parts of the story of the aforesaid film, in the complaint that under the script of the film, it is also going to be shown that in India, there are certain bad customs, such as the practice of 'Sati', inasmuch as the example of recent 'Deorala Sati calamity' where an innocent lady, Roop Kanwar has been forced to burn at the corpse of her husband, have been given in the story of that film. According the complaint of the non -petitioner No. 2 the story of film, 'Deceivers' depicted immoral acts, violence, vulgarity and does not show' Indians' (men and women) as being of good character Thus, as per the complaint, the story not only depicted distorted picture of the Hinduism but also advocates the institution of 'Sati' which custom (Partha) has already been banned in India.

(3.) AFTER receiving the complaint, the subordinate Magistrate on the basis of the statements of the complainant, and her witnesses recorded under Sections 200 and 202 Cr.PC respectively, issued a process under Section 204 Cr.PC, against the petitioners. Hence this petition.