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2025 Supreme(Online)(Bom) 351097

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Manish Pitale, Manjusha Deshpande, JJ
Shrabani Deodhar – Appellant
Versus
The State of Maharashtra & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Satish Mane-Shinde, Ms. Sulabha V. Rane, Mr. Nikhil Mane-Shinde, Mr. Sanjog Parab, Mr. Mohan Rao, Ms. Sakshi Baadkar, Mr. Sangram Parab
For the Respondents: Ms. Sharmila Kaushik, Mr. Milind A. Ingole, Ms. Aishwarya Gaikwad, Ms. Manisha Bansode

Judgement Key Points

The legal analysis of the case indicates that the key issue revolves around whether the petitioners can be held liable for the offences under the relevant laws, specifically the Atrocities Act, IPC, and PCR Act, based on the circumstances of the airing of the Marathi serial.

The court found that the essential element of intent to humiliate a member of a Scheduled Caste or Scheduled Tribe was not established against the petitioners. It was noted that the petitioners, including the Programming Head and the Executive Producer, did not create or directly involve themselves in the script content that contained the objectionable words. The actual utterance was by an actor, spontaneously, and there was no evidence to suggest that the petitioners intentionally included or endorsed the derogatory language or intended to insult or humiliate the complainant or other members of the Scheduled Castes or Tribes (!) (!) (!) .

Furthermore, the court emphasized that merely broadcasting content that contains potentially offensive language does not automatically constitute an offence unless there is clear evidence of an intentional act to insult or humiliate, which was absent in this case. The petitioners' role was limited to broadcasting, and disclaimers were issued to clarify that they did not endorse the content. The absence of specific allegations linking the petitioners to the act of uttering the objectionable words or to an intent to insult was significant (!) (!) (!) .

The court also considered the procedural aspect, noting that the FIR was registered based on a court order and that the allegations did not prima facie demonstrate the essential ingredients of the offences. The statements of witnesses, which were identical and based on feelings of insult and humiliation upon viewing the episode, were not sufficient to establish the required mens rea or intent for criminal liability at this stage (!) (!) .

In conclusion, the court held that the basic ingredients of the offences under the relevant laws were not satisfied against the petitioners. The absence of evidence of intentional wrongdoing, the spontaneous nature of the utterance, and the limited role of the petitioners in the content production process led to the decision to quash the FIR against them. The court exercised its jurisdiction to prevent abuse of process, considering that the allegations did not constitute a prima facie case for proceeding with criminal prosecution (!) (!) .

The FIR was thus quashed, and the petitions were allowed, emphasizing that this decision was specific to the petitioners involved and did not affect any other potential proceedings against individual actors or content creators involved in the serial (!) (!) .


JUDGMENT

(Per Manish Pitale, J.) :

By these petitions, the petitioners have prayed for quashing of FIR No. 232 of 2023 registered at Wada Police Station, Dist.

Thane, for offences under Section 295A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for short), Section 7(g) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as ‘PCR Act’ for short) and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘Atrocities Act’ for short).

2. The petitioner in Writ Petition No. 4546 of 2013 was the Programming Head for a Marathi Channel, ‘Star Pravah’ owned by the Star Entertainment Media Private Limited (hereinafter referred to as ‘SEMPL’ for short). The petitioners in Writ Petition No. 4547 of 2013 are the SEMPL and the Executive Producer of the aforesaid SEMPL. The petitioners are aggrieved on being shown as accused in the aforesaid FIR, on a report lodged by the first informant-Rahul Gaikwad.

3. The other accused persons are the Director, Scribe and Actor concerned with a Marathi language serial Laxmi versus Saraswati (hereinafter referred to as ‘Marathi serial’ for short), which was produ

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