Penal Code, 1860: s. 295A – When attracted – On facts, allegation against petitioner that by picturization of the song ‘manikya malaraya poovi’, in the movie, they offended sentiments of muslim community – FIR against petitioners for offence u/s. 295A – Petitioners-actor, producer and director of the movie, seeking quashing of FIR – Petitioners case that the said song was sung in various parts of the State of Kerala since 1978, the said song, is a mappila song which is a version of a traditional Muslim song from the Malabar region of Kerala; and that the song is being sung in the movie which is yet to be released and is available in Youtube and other mediums as a promotional venture – Held: Section 295A not attracted in the instant case – Picturization of the said song solely because of the ‘wink’ would not tantamount to an insult or attempt to insult the religion or the religious beliefs of a class of citizens – Said song has been on Youtube since February, 2018 – It cannot be perceived that any calculated tendency is adopted by the petitioners to insult or to disturb public order to invite the wrath of s. 295A – Furthermore, intervenor, who was informant in FIR, in all possibility has been an enthusiast to gain a mileage from the FIR, though the same was really not warranted – In view thereof, FIR is quashed – Also, no FIR u/s 154 or any complaint u/s. 200 CrPC to be entertained against the petitioners – Constitution of India – Art. 32.
Ramji Lal Modi v. State of U.P. AIR 1987 SC 620 – relied on.
Manohar Lal Sharma v. Sanjay Leela Bhansali and Ors. (2018) 1 SCC 770 ; Mahendra Singh Dhoni v.
Yerraguntla Shyamsundar and Another (2017) 7 SCC
760 : [2017] 3 SCR 763 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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