punjab and haryana high court

Punjab and Haryana High Court: In a petition seeking to quash First Information Report (‘FIR’) for offences under Section 295-A and 34 of Penal Code, 1860 (‘IPC’) and consequent proceedings regarding exhibition of objectionable content on TV serial ‘Ram Siya Ke Luv Kush’, Deepak Gupta, J. quashed the FIR and all consequent proceedings in the instant matter.

The Court referred to the Order passed in Colors TV v. State of Punjab (CWP 25291 of 2019) wherein same subject matter was considered against suspension orders of exhibition of TV serial ‘Ram Siya Ke Luv Kush’ issued by the District Magistrate while exercising power under Section 19 of Cable Television Network (Regulations) Act, 1995. A Committee was set up by the State government to consider the issue and inputs were given by the said Committee regarding depiction of Bhagwan Valmikiji and settlement was arrived at with the Director, Producer and actors of the serial.

It was also admitted by the petitioner that after telecast of serial ‘Ram Siya Ke Luv Kush’ was stopped, nothing objectionable was telecasted by Colors TV with respect to Bhagwan Valmikiji or against the religion.

Therefore, with respondents having no objection regarding the same, the Court quashed the FIR under Section 295-A and 34 of IPC and all consequent proceedings against the petitioner in the instant matter.

[Rahul Kumar Tewary v. State of Punjab, 2023 SCC OnLine P&H 868, decided on 5-07-2023]

Judgment/Order by: Justice Deepak Gupta

Advocates who appeared in this case :

For Petitioners: Advocate Abhinav Sood, Advocate Anmol Gupta;

For Respondents: Deputy Advocate General R.S. Khaira, Advocate Rahul Kumar.

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