The applicant no. l is by profession a Film Director and Producer. The applicant no. 2 is a company incorporated under the Companies Act, 1956, doing the business of film production. They are named as the accused in C.R. No. 47 of 2012 which is in respect of offences punishable under Sections 417, 419, 465, 468, 469, 471, 473, 474, 475 of the Indian Penal Code (IPC) read with 34 thereof, as also the offence punishable under Section 66(d) of the Information Technology Act, 2008. By this application under Section 482 of the Code of Criminal Procedure (Cr.P.C.), they are invoking the inherent powers of this court, praying that the First Information Report (FIR) and the investigation carried out on that basis, be quashed.

2. The First Information Report (FIR) has been lodged by one Vishal Jadhav, Sub Inspector of Police attached to Versova Police Station, at the material time. The substance of the FIR is that while the first informant was on duty at Versova Police Station, he received information that "some one was using the name of the Commissioner of Police, Brihan Mumbai, and the official seal, without the prior permission of the Commissioner of Police, Brihan Mumbai," and was publishing the information through a website on internet. On internet surfing, he learnt that on a website called "glamsham com" an advertisement in respect of the production of a movie "Shootout at Wadala" was being displayed. He also realized that the said advertisement was being displayed by the applicant no. 2 and Balaji Motion Pictures, and that the Director of the said movie - Sanjay Gupta i.e. the applicant no. 1 had given the said advertisement. That, in the said advertisement, he had appealed to the members of public, on behalf of the Commissioner of Police, Brihan Mumbai, to remain present on 29.2.2012, at Mehboob Studio, Stage No. 2. The advertisement mentioned that the Commissioner of Police was to give a lecture on the sudden and dangerous rise of the organized crimes and the plans of the police to tackle the same. That, at the end of the said news, the emblem, that is being used by the Police, is also shown.

3. On these facts, the FIR alleges that the applicants and the office bearers of Balaji Motion Pictures, by conspiring with one another, "misused the position of the Commissioner of Police (dil<>1af)"-! m~ 3~, ~6<>1~<SI~t miT 'Ra=rcft ~TCmI", ~ 3~ m ~ ~ ~ ii5c0rr) without the consent of the Commissioner of Police" (as if it could be misused with his consent!) It also alleges that a false official seal was got prepared and used and that the information was published on internet through a website. The FIR also alleges that the public was misled by claiming that the Commissioner of Police was to remain present for the said programme and thus the Commissioner of Police as well as the members of public were cheated by the applicants and the other accused.

4. I have heard Mr. A.H.H. Ponda, the learned counsel for the applicants. I have heard Mr. A.S. Shitole, the learned APP for the State. I have gone through the FIR and the statements recorded during investigation.

5. Mr. Ponda submitted that the applicant no. 2 was in the process of co-producing a film titled as "Shoot out at Wadala." That, earlier the applicants had produced the film "Shoot out at Lokhandwala." That the film is based on the first registered encounter by Mumbai Police with one Manya Surve, alleged gangster, who was shot dead at Wadala in 1990s. That the film "Shoot out at Wadala" was thus being based on the first encounter killing in the history of Mumbai police. The applicant no. 2, therefore, thought to launch the film in an innovative manner and it was for that purpose, an invitation to all the media persons in Mumbai, which was worded in an interesting manner, was sent. That, it was done with an intention to invoke interest and was not expected to be taken seriously. It was not expected that anybody would be misled by such an invitation, thinking that really the Comm