Perusal of the complaint, makes it abundantly clear that the
respondent No.3 has not given the dates on which the reality show “Big
Boss” was aired and viewed by him. The respondent No.3 has also not
given particulars in respect of the indecency and vulgarity alleged by
him. Also the names and particulars of the participants who exhibited
vulgarity are not given. The respondent No.3 has also not mentioned the
names of the persons from whom he has received the complaints. The
respondent No.3 has made ominous/general allegations. On the basis of
these allegations, in our considered view, continuation of investigation
into such FIR would be futile and also it would be abuse of process of
law. In the above circumstances, we allow the petition in terms of
prayer clause (a). Consequently, the complaint dated 4th October, 2008
and FIR No.34 of 2008 registered with Andheri Police Station against the
petitioners is quashed and set-aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2170 OF 2008
Endemol India Pvt. Ltd. and ors. v The State of Maharashtra and anr.
CORAM : RANJIT MORE &
SMT.SADHANA JADHAV, JJ.
DATE : 21st SEPTEMBER, 2017.
By an order dated 2nd July, 2009, this petition was admitted
and by way of interim relief, it was directed not to take any coercive
steps against the petitioners. However, it was directed to proceed with
the investigation. Despite two opportunities, the learned APP is not in a
position to place on record the stage of investigation for want of
instructions, therefore, we are constrained to proceed and dispose off
this petition on merits.
2. Heard Mr. Ravi Suryawanshi, learned counsel for the
petitioners and Mr. A. R. Kapadnis, learned APP for the State.
3. The petition is filed under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973, to
quash and set-aside the complaint dated 4th October, 2008 and FIR No.34
Shubhada S Kadam
of 2008 registered in pursuance of the said complaint by the Andheri
Police Station at the instance of the respondent No.3. The complaint in
pursuance of which the subject FIR is registered is annexed at “Exhibit
A”, which is produced herein below :
“To,
Sr. Inspector of Police Dated, 4 October 2008
Andheri Police Station,
Andheri (E) Mumbai.
Sir,
RE : Complaint against producer director, Channel,
participants of BIGG Boss, A.T.V. Serial on the Color
T.V. Showing indecent and vulgarity on the television
channel.
I Sunil K Ahire, President of Mumbai Pradesh Youth Congress having his
area office at C/O 601, Sai Charan I-C Sai Wadi Telli Gulli Andheri East
Mumbai – 69 states that for about three weeks I had been watching the
color channel where I found indecency and vulgarity acted and
represented by the participants of the Bigg Boss on the Color Channel
which is spreading indecency and vulgarity and also propagating the
indecent representation of women. I say that I have been receiving the
complaints also from the public at large and workers of our party.
The said vulgarity as shown and exhibited and spread on the channel
are vitiating the youth mind. Due to the vulgar and indecent
representation, the same is causing harassments in the family members
of the party workers and public at large.
In view of above kindly, lodge a complaint/FIR of vulgarity and
indecency and indecent representation of women on the T.V.Channel
against the Color T.V.Channel, the directors of Color Channel, producer
of the program “Bigg Boss”, participants of Bigg Boss and others who
are responsible for exhibition and production such indecency and
vulgarity under section 292, 294 of IPC, under Indecent Representation
of Women Act, also under the Cable T.V.Regulation Acts etc.
Yours faithfully,
sd/-
(Sunil K. Ahire)”
In short, the respondent No.3 has alleged indecency and
vulgarity by the Color TV Channel, Director of the Colour TV Channel,
producers and participants of the Reality Show “Big Boss”. The
Shubhada S Kadam
respondent No.3 has alleged of offences punishable under Sections 292
and 294 of the Indian Penal Code, 1860 and Indecent Representation of
Women Act.
4. Perusal of the complaint, makes it abundantly clear that the
respondent No.3 has not given the dates on which the reality show “Big
Boss” was aired and viewed by him. The respondent No.3 has also not
given particulars in respect of the indecency and vulgarity alleged by
him. Also the names and particulars of the participants who exhibited
vulgarity are not given. The respondent No.3 has also not mentioned the
names of the persons from whom he has received the complaints. The
respondent No.3 has made ominous/general allegations. On the basis of
these allegations, in our considered view, continuation of investigation
into such FIR would be futile and also it would be abuse of process of
law. In the above circumstances, we allow the petition in terms of
prayer clause (a). Consequently, the complaint dated 4th October, 2008
and FIR No.34 of 2008 registered with Andheri Police Station against the
petitioners is quashed and set-aside.
5. The writ petition stands disposed off.
[SMT. SADHANA JADHAV, J.] [RANJIT MORE, J.]
respondent No.3 has not given the dates on which the reality show “Big
Boss” was aired and viewed by him. The respondent No.3 has also not
given particulars in respect of the indecency and vulgarity alleged by
him. Also the names and particulars of the participants who exhibited
vulgarity are not given. The respondent No.3 has also not mentioned the
names of the persons from whom he has received the complaints. The
respondent No.3 has made ominous/general allegations. On the basis of
these allegations, in our considered view, continuation of investigation
into such FIR would be futile and also it would be abuse of process of
law. In the above circumstances, we allow the petition in terms of
prayer clause (a). Consequently, the complaint dated 4th October, 2008
and FIR No.34 of 2008 registered with Andheri Police Station against the
petitioners is quashed and set-aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2170 OF 2008
Endemol India Pvt. Ltd. and ors. v The State of Maharashtra and anr.
CORAM : RANJIT MORE &
SMT.SADHANA JADHAV, JJ.
DATE : 21st SEPTEMBER, 2017.
By an order dated 2nd July, 2009, this petition was admitted
and by way of interim relief, it was directed not to take any coercive
steps against the petitioners. However, it was directed to proceed with
the investigation. Despite two opportunities, the learned APP is not in a
position to place on record the stage of investigation for want of
instructions, therefore, we are constrained to proceed and dispose off
this petition on merits.
2. Heard Mr. Ravi Suryawanshi, learned counsel for the
petitioners and Mr. A. R. Kapadnis, learned APP for the State.
3. The petition is filed under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973, to
quash and set-aside the complaint dated 4th October, 2008 and FIR No.34
Shubhada S Kadam
of 2008 registered in pursuance of the said complaint by the Andheri
Police Station at the instance of the respondent No.3. The complaint in
pursuance of which the subject FIR is registered is annexed at “Exhibit
A”, which is produced herein below :
“To,
Sr. Inspector of Police Dated, 4 October 2008
Andheri Police Station,
Andheri (E) Mumbai.
Sir,
RE : Complaint against producer director, Channel,
participants of BIGG Boss, A.T.V. Serial on the Color
T.V. Showing indecent and vulgarity on the television
channel.
I Sunil K Ahire, President of Mumbai Pradesh Youth Congress having his
area office at C/O 601, Sai Charan I-C Sai Wadi Telli Gulli Andheri East
Mumbai – 69 states that for about three weeks I had been watching the
color channel where I found indecency and vulgarity acted and
represented by the participants of the Bigg Boss on the Color Channel
which is spreading indecency and vulgarity and also propagating the
indecent representation of women. I say that I have been receiving the
complaints also from the public at large and workers of our party.
The said vulgarity as shown and exhibited and spread on the channel
are vitiating the youth mind. Due to the vulgar and indecent
representation, the same is causing harassments in the family members
of the party workers and public at large.
In view of above kindly, lodge a complaint/FIR of vulgarity and
indecency and indecent representation of women on the T.V.Channel
against the Color T.V.Channel, the directors of Color Channel, producer
of the program “Bigg Boss”, participants of Bigg Boss and others who
are responsible for exhibition and production such indecency and
vulgarity under section 292, 294 of IPC, under Indecent Representation
of Women Act, also under the Cable T.V.Regulation Acts etc.
Yours faithfully,
sd/-
(Sunil K. Ahire)”
In short, the respondent No.3 has alleged indecency and
vulgarity by the Color TV Channel, Director of the Colour TV Channel,
producers and participants of the Reality Show “Big Boss”. The
Shubhada S Kadam
respondent No.3 has alleged of offences punishable under Sections 292
and 294 of the Indian Penal Code, 1860 and Indecent Representation of
Women Act.
4. Perusal of the complaint, makes it abundantly clear that the
respondent No.3 has not given the dates on which the reality show “Big
Boss” was aired and viewed by him. The respondent No.3 has also not
given particulars in respect of the indecency and vulgarity alleged by
him. Also the names and particulars of the participants who exhibited
vulgarity are not given. The respondent No.3 has also not mentioned the
names of the persons from whom he has received the complaints. The
respondent No.3 has made ominous/general allegations. On the basis of
these allegations, in our considered view, continuation of investigation
into such FIR would be futile and also it would be abuse of process of
law. In the above circumstances, we allow the petition in terms of
prayer clause (a). Consequently, the complaint dated 4th October, 2008
and FIR No.34 of 2008 registered with Andheri Police Station against the
petitioners is quashed and set-aside.
5. The writ petition stands disposed off.
[SMT. SADHANA JADHAV, J.] [RANJIT MORE, J.]
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