Point of Law: A perusal of the contents of the dialogues in the above noted scenes would show that the offences under Sections 505(1)(b) I.P.C. and 505(2) I.P.C. are fully made out. On the one hand, the sentiments of majority community have been hurt by display of the characters of their faith in disrespectful manner and on the other hand, an attempt has been made to widen the gap between the higher castes and the scheduled castes when the object of the State is to bridge the gap between the different castes and communities and make the country a united force socially, communally and politically.

JUDGMENT :

SIDDHARTH, J.

1. Heard Sri. G.S. Chaturvedi, learned Senior Counsel assisted by Sri. Syed Imran Ibrahim, Sri. Praveen Kumar Singh, Ms. Monica Datta, Sri. Siddharth Chopra, Sri. Nitin Sharma and Ms. Saumya Chaturvedi, learned counsels for the applicant and learned A.G.A. for the State.

2. Order on Criminal Misc. Exemption Application:

In view of the fact that certified copy of the F.I.R. has been placed before this Court by means of a supplementary affidavit, the above noted application praying for exempting the filing of certified copy of the F.I.R. is rejected.

Order on Criminal Misc. Anticipatory Bail Application

The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicant, Aparna Purohit, in Case Crime No. 14 of 2021, under Sections 153(A)(1)(b), 295-A, 505(1)(b), 505(2) I.P.C. Section 66 and 67 of the Information Technology Act and Section 3(1)(r) of SC/ST Act, Police Station-Rabupura, Greater NOIDA, District Gautam Buddh Nagar.

3. The allegation in the F.I.R. lodged against the applicant and six other co-accused persons is that a web series is being shown on Amazon Prime Video, which is an online movie OTT platform and on 16.01.2021, the movie part-1 “TANDAV” has been broadcasted. The web series is being shown through Amazon Prime Video through Head of India Originals, as paid movie. The movie has been directed by co-accused, Ali Abbas. The content of this movie is affecting the image of the police of State of Uttar Pradesh adversely. In a Dial 100 police vehicle, two actors are shown travelling with open doors in a police uniform, consuming liquour and hurling abuses. The shooting has taken place in District-Gautam Buddh Nagar. After witnessing Part-1 of the movie, it is seen that the Hindu Gods and Goddesses have been depicted in a bad light with the intention of inciting communal sentiments. The post of Prime Minister has been depicted in a manner which will adversely affect the democratic system of the country. Caste and community related utterances have been made deliberately so that it may affect the public peace. Similarly, utterances have been made against the State police, public administration and the constitutional posts so that the element of hate is developed between the communities and there are scenes which show disrespect for the scheduled castes. On account of the scenes and dialogues in the movie, the social harmony and public peace is being adversely affected. All this has been deliberately done to make the web series controversial and gain publicity for the purpose of commercial gain. Hence, the F.I.R. has been lodged against the producer/ director and actors/actresses of the movie series.

4. The applicant, Aparna Purohit, is Head of India Originals at Amazon Seller Services Pvt. Ltd. which is involved in streaming of the disputed web series on Amazon Prime Video. She claims herself to be post-graduate from APJ Kidwai Mass Communication Research Center (MCRC), Jamia Millia Islamia University, New Delhi and has been working in the Mumbai Film Industry for the last 15 years.

5. Learned Senior Counsel for the applicant has submitted that the web series in dispute is a work of fiction and all the places, events, characters and incidents are imagination of the author. A disclaimer is included in the movie in this regard. The cast and crew of the web series “TANDAV” issued an unconditional apology (without prejudice to any of their rights or without any admission of any kind of wrong doing) on 18.01.2021 and have removed the offensive scenes and now there is no offensive material in the series. The applicant along with other co-accused persons filed a petition under Articles 32 of the Constitution of India before the Hon’ble Apex Court praying for quashing of number of F.I.Rs and complaint cases lodged against the applicant and other co-accused persons on 27.01.2021. Notices have been issued to the opposite parties, leaving it open for the accused perso