1. Heard.

2. By way of this misc. petition under Section 482 Cr.P.C., the petitioners herein seek to assail the FIR No.23/2017 registered at the Police Station Deedwana, District Nagaur for the offences under Sections 153A, 153B and 295A of the IPC and all proceedings sought to be taken in furtherance thereof.

3. Facts in brief are that, the above mentioned FIR came to be registered on the basis of a complaint submitted by the complainant respondent in the court having jurisdiction which was forwarded to the Police Station Deedwana for investigation under Section 156(3) of the Cr.P.C. The substratum of allegations as set out in the FIR is that the complainant, a resident of Deedwana is stated to be a reputed person of the society. He claims to have come across information from news-channels and newspapers conveying that the petitioners herein had commenced shooting of a film on ‘Maharani Padmavati’ while twisting and distorting the historical facts and events and thereby, they allegedly hurt the feelings and sentiments of a section of the society to which the complainant belongs. It was further alleged that ‘Maharani Padmavati’ was a pious historical icon whose courageous act of ‘Jauhar’ was registered in the glorious annals of history of Rajasthan as well as the entire country, and thus by depicting the iconic character in songs, love scenes, etc. of the movie, the reputation and honour of ‘Maharani Padmavati’ was maligned and resultantly, feelings and sentiments of the ‘Rajput Samaj’ and the entire Hindu community were hurt because of such portrayal. At para No.5 of the FIR, it was alleged that the petitioners herein, have picturised a totally fictional love scene. Whilst the truth is that ‘Maharani Padmavati’ had taken the courageous step of committing ‘Jauhar’ with 16,000 other females in order to save their honour from the untoward advances of Allauddin Khilji’s and his army. On the basis of this report, the above mentioned FIR came to be lodged against the petitioners for the offences under Sections 153A, 153B and 295A of the IPC and investigation was commenced.

4. Being aggrieved by registration of the said FIR, the petitioners herein have approached this Court by way of the instant misc. petition filed under Section 482 Cr.P.C. seeking quashing thereof. While entertaining the petition, this Court passed an interim order dated 08.03.2017 staying further investigation of the impugned FIR.

5. This Court proposes to deal with the entire controversy in two parts; firstly with a consideration of the allegations as set out in the FIR which admittedly was lodged well before the movie in question was released in theaters in context to the offences alleged and secondly, based on the outcome of official release of the movie titled as “PADMAVAT” all across the country in states other than Rajasthan, Gujarat, Madhya Pradesh and Haryana and the perusal thereof by this Court.

6. Shri Ravi Bhansali, learned Senior Counsel assisted by Shri Nishant Bora, learned counsel representing the petitioners vehemently urged that the impugned FIR was registered at a premature stage. The allegations levelled therein are conjectural and hypothetical. The songs, which are referred to in the FIR, were not even picturised by the time, the FIR came to be lodged. As per them, the pride valor and courage of the Rajput rulers and ‘Maharani Padmavati’ in particular and the community as a whole has been glorified and fortified in the movie which was finally released after receiving certification of the Censor Board and that the FIR has been lodged for ulterior motives. Placing reliance on this Court’s Judgment in the case of Bhansali Productions Pvt. Ltd. & Ors. vs. State & Ors. (S.B. Criminal Misc. Petition No.3711/2013) decided on 19.11.2013, learned counsel urged that the movie has received a certification from the Censor Board and has been released all over the country. An interim order has been passed by Hon’ble the Apex Court directing the govern