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2022 Supreme(P&H) 684

ANOOP CHITKARA
Tejinder Pal Singh Bagga – Appellant
Versus
State Of Punjab – Respondent


Mr. Randeep Singh Rai, Senior Advocate and Mr. Chetan Mittal, Senior Advocate with Mr. Gautam Dutt, Mr. Anil Mehta, Mr. Mayank Aggarwal, Ms. Rubina Virmani, Mr. N.K. Verma and Mr. Udit Garg, Advocates for the petitioner., for the Appellant; Mr. Puneet Bali, Senior Advocate with Mr. B.S. Sewak, Addl.A.G., Punjab, Mr. J.P. Ratra,, DAG, Punjab, Mr. Ferry Sofat, Mr. Sachin Jain, Mr. Vikram Brar and Mr. Vishavjeet Beniwal, Advocate for respondent no.1. Mr. Akshay Bhan, Senior Advocate with Mr. MJS Bedi, Amit Shukla, Mr. Mohd. Irshad and Mr. Gurbhej Singh, Advocates for respondent no.2-complainant., for the Respondent

JUDGMENT

Anoop Chitkara, J. - Aggrieved by the registration of FIR captioned above, the accused has come up before this court under section 482 CrPC for its quashing, submitting that it is a misuse of State criminal machinery for the oblique motive of political gain, and even if all the allegations leveled in the FIR are accepted in the entirety, still they do not prima facie constitute any offence.

FIR No.

Dated

Police Station

Sections

18

01.04.2022

Punjab State Cyber Crime Police Station, SAS Nagar, Mohali

153-A, 505, 505(2) & 506 IPC

2. The context in which the FIR came to be registered was that on 11th March 2022, a Hindi movie, 'The Kashmir Files,' was released. The petitioner claims in paragraph 3 that various State Governments granted Entertainment Tax exemptions to the movie, and when a similar demand of concession was made for Delhi, Mr. Arvind Kejriwal, Delhi's Chief Minister, in the State's Assembly not only refused to grant any such concession but allegedly also mocked the authenticity of the movie's storyline. It agitated the petitioner and being a spo

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