Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 295A Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Penal Code, 1860: s. 295A – When attracted – On facts,allegation against petitioner that by picturization of the song‘manikya malaraya poovi’, in the movie, they offended sentimentsof muslim community – FIR against petitioners for offence u/s. 295A– Petitioners-actor, producer and director of the movie, seekingquashing of FIR – Petitioners case that the said song was sung invarious parts of the State of Kerala since 1978, the said song, is amappila song which is a version of a traditional Muslim song fromthe Malabar region of Kerala; and that the song is being sung inthe movie which is yet to be released and is available in Youtubeand other mediums as a promotional venture – Held: Section 295Anot attracted in the instant case – Picturization of the said songsolely because of the ‘wink’ would not tantamount to an insult orattempt to insult the religion or the religious beliefs of a class ofcitizens – Said song has been on Youtube since February, 2018 –It cannot be perceived that any calculated tendency is adopted bythe petitioners to insult or to disturb public order to invite the wrathof s. 295A – Furthermore, intervenor, who was informant in FIR, inall possibility has been an enthusiast to gain a mileage from theFIR, though the same was really not warranted – In view thereof,FIR is quashed – Also, no FIR u/s 154 or any complaint u/s. 200CrPC to be entertained against the petitioners – Constitution ofIndia – Art. 32. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 773 |
Petitioner | Priya Prakash Varrier And Others |
Respondent | State Of Telangana And Another |
SCR | [2018] 10 S.C.R. 615 |
Judgement Date | 2018-08-31 |
Case Number | 44 |
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