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2013 Supreme(Del) 3

MANMOHAN
Rakeysh Omprakash Mehra – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent


Advocate Appeared:
For the Petitioners:Ms. Indu Malhotra, Sr. Adv., with Madhukar Pandey, Vivek Jain & Anirudh Mishra, Advocates.
For the Respondents:Dayan Krishnan, ASC with R1 - Ms. Manvi Priya & Ms. Tejaswi Shety, Advocates & ACP Ved Prakash, DSF, New Delhi for State., R2 - Dr. Chaudhary Shamshuddin Khan, Advocates.

Judgment :

1. Present writ petition has been filed under Article 226 of the Constitution read with Section 482 Cr.P.C. seeking quashing of FIR No.40/2009 dated 07th March, 2009 registered with Police Station Mandir Marg, New Delhi under Section 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 7(d) of The Protection of Civil Rights Act, 1955.

2. The relevant facts of the present case are that the petitioners produced and directed the Hindi motion picture titled “Delhi-6” (hereinafter referred to as “the film”). The film was viewed and cleared by the Central Board of Film Certification (in short “CBFC”), Ministry of Information and Broadcasting with a ‘U/A’Certificate bearing CBFC No. C-II/2/17/09 dated 09th February, 2009.

3. Upon commercial release of the film on 20th February, 2009 the aforesaid FIR was registered on 07th March, 2009 by respondent No.2- complainant. It was alleged in the complaint that for the last five/six days, the aforesaid film had been shown in Delhi cinema halls in which the character enacting the role of a lady sweeper had been insulted and thereby the entire Balmiki Samaj had been insulted. The































































































































































































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