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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S.SHEKHAWAT
Keval Singh @ Kv Dhillon – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
N.S.Shekhawat, J.
The petitioner has filed the present petition under Section 482 Cr.P.C. with a prayer to quash the FIR No. 0003 dated 09.02.2020 under Sections 153, 153-A, 153-B, 160, 107 and 505 IPC (Annexure P-1) registered at Police Station SAS Nagar, District Mohali, Punjab and all the subsequent proceedings arising therefrom.
2. The FIR in the present case was registered on the basis of the complaint moved by Bhupinder Singh, Inspector and the same has been reproduced below:-
"Today (09.02.2020) while Inspector was present in Office, it has been revealed from reliable source that one K.V. Dhillon produced a movie "Shooter" which is based on the life and crimes of notorious gangster "Sukha Kahlwan" and it promotes violence, heinous crime, extortion, threats and criminal intimidation. Notorious gangster "Sukha Kahlwan" used to describe himself as sharp shooter and was allegedly involved in more than 20 cases including murder, kidnapping and extortion. He was killed by another gangster in January, 2016. The producer has completed the movie "Shooter" and trailor is already released on 18/01/2020 which has widely viral on social media. The full movie "Shooter" is scheduled
The main legal point established in the judgment is that the mere use of a name resembling that of a community leader does not automatically constitute an insult to a religious community, and deliber....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
Freedom of speech and expression, as well as the reasonable interpretation of speech in the context of political activism and public discourse.
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
The importance of exhausting statutory remedies and the powers of the Central Government under the Cinematograph Act, 1952 to suspend the exhibition of any film.
The FIR lacks necessary ingredients for offences under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, justifying its quashing due to vagueness.
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