H.S. Grewal, J.

1. This order shall dispose of CRM-M-39247-2025, CRM-M-56441-2025 and CRM-M-56640-2025 as these are arising out of same FIR. For the sake of brevity, the facts are being taken from CRM-M-39247-2025.

2. The aforesaid petitions have been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C. seeking quashing of FIR No.74 dated 19.04.2017 registered under Sections 295-A, 120-B IPC and Section 67 of the Information Technology Act, 2000 at Police Station Division No.5, Police Commissionerate, Jalandhar, Punjab (Annexure P-1) along with final report/challan dated 31.01.2022 (Annexure P-4) and the order dated 04.07.2025 passed by the learned Judicial Magistrate 1st Class-10, Jalandhar (Annexure P-9), whereby non-bailable warrants have been issued against the petitioner and all consequential proceedings arising therefrom.

Factual Matrix

3. The case of the prosecution is based upon a complaint given by Ishant Sharma-respondent No.2 and the relevant extract of the FIR is reproduced hereunder:-

“Complaint No. 1013-DCP dated 11.04.2017

To,

The Deputy Police Commissioner, Jalandhar.

Subject: Complaint against (1) Amul Vikas Mohan, (2) Ajay K. Pannlalla and (3) Raj Kumar Rao for outraging and hurting the religious feelings and sentiments of Hindus especially Lord Shiv Ji followers with deliberate and malicious intention and for promoting enmity on the ground of religion.

Sir,

with due respect its submitted as under:-

1. That we are law abiding citizens of India and not related to any political party.

2. That we are Hindu by religion as well worshippers of lord SHIV JI.

3. That accused no 1 and accused no 2 are going to release a movie namely “Behn Hogi Teri”, and in this upcoming movie accused no. 3 resembling lord Shiv Ji in cartoonist manner which is very objectionable and disrespect Lord Shiv Ji, Which Shows their weak & ill mental level. The objectionable picture of Lord Shiv JI has also broadcasted by the accused no 1 on social media.

4. That accused no 1 is the producer of the movie and accused no 2 is the director of the movie and accused no 3 is the actor of the movie.

5. That the insult of lord SHIV JI by the all accused has hurt the religious sentiments of the followers of Hindu Religion and especially devotees of lord SHIV JI.

6. That due to the above said malicious act by the all accused dishearten people of India on large amount and to just gain the cheap publicity for promoting the movie and the same cannot be accepted in any manner and we all numerous Hindu federations are condemn the same.

7. That by this complaint we all Hindu Federations and devotee of Lord Shiv Ji, intimate and warn to those culprits who use to insult the sentiments of our Religious feelings that they should be dealt strictly and their acts cannot be tolerated in any way. It is,

Therefore, requested that an FIR must be registered against the all accused under Section 295-A & 153A of the indian penal Code and under the relevant sections of IT, Act at Jalandhar and to arrest & put all the accused behind the bars.

Complainant Sd/- Ishant Sharma 99157-40031 Dt:- 11.04.2017.”

4. After completion of investigation, the final report/challan under Section 173 Cr.P.C. (Annexure P-4) was filed on 31.01.2022 against the following accused persons:-

i. Nitin Upadhya (Producer)

(Petitioner in CRM-M-56441-2025)

ii. Amul Vikas Mohan (Producer)

iii. Tony @ Anthony D’Souza (Producer)

(Petitioner in CRM-M-56640-2025)

iv. Ajay K. Panna Lal (Director)

v. Rajkumar Yadav (Actor)

(Petitioner in CRM-M-39247-2025).

Submissions

5. Learned Senior counsel for the petitioner(s) submitted that the petitioners have been falsely implicated in this case and the entire prosecution is based on incorrect facts. It is submitted that the poster of the film which is alleged to be objectionable as well as the film in question itself, had already been reviewed and certified by the Central Board of Film Certification (hereinafter referred to as ‘CBFC’),