Before :- A.M. Khanwilkar and Dinesh Maheshwari, JJ.
Writ Petition (Crl.) No. 270 of 2018. D/d. 29.11.2019.
Salman Khan - Appellant
Versus
State of Gujarat & Ors. - Respondents
For the Petitioners :- Mohd. Nizam Pasha, Abhishek Singh Bhaghel, Arbab A. Husain, M/S. D.S.k. Legal, Advocates.
For the Respondents :- Ms. Deepanwita Priyanka, Ms. Hemantika Wahi, Abhinav Mukerji, Samarth Khanna, Mrs. Bihu Sharma, Ms. Malvika Yadav, Tushar Mehta, Sr. Adv., Apoorv Kurup, Gopal Jha, Gurmeet Singh Makker, Sidharth Nagotia, Advocates.
ORDER
Heard learned counsel for the parties.
2. When this Writ Petition came up for hearing on 27.09.2018, the court passed the following order: -
"Heard Mr.Nizam Pasha, learned counsel for the petitioner. Issue notice, fixing a returnable date within four weeks. The grievance in this writ petition is that though the film, "Loveyatri - a journey of love" has obtained certificate from the Central Board of Film Certification (respondent No.3 herein), yet certain private complaints and FIRs under Sections 295, 198, 153, 153(B) and 120(B) of the Indian Penal Code have been registered at various places against the petitioner, who runs the production company, namely, Salman Khan Films, a division of Salman Khan Ventures Private Limited. It is submitted by the learned counsel for the petitioner that once the Certificate has been granted by the Central Board of Film Certification, the producer is entitled to show the film in the theatres, and no criminal law should be set in motion because of such individual perception relating to the name or any song in the movie. Having regard to the said assertion, we think it appropriate to pass a protective order that no coercive action shall be taken against the petitioner relating to the film, namely, "Loveratri". That apart, no further FIR/Criminal Complaint/criminal proceeding shall be entertained by any investigating agency anywhere if the allegations relate to the said movie or the contents of the movie. Needless to say, we have passed this order as an assertion has been made that the film has got the certification from the competent authority."
3. It is not in dispute that the subject film has been released and is being displayed all over since then.
4. As a result, we dispose of this Writ Petition in terms of order passed on 27.09.2019 and also proceed to quash the criminal cases instituted against the petitioner referred to in this petition in connection with the subject film. Thus, all FIRs/criminal complaint(s) registered/filed against the petitioner in connection with the subject film shall be deemed to have been quashed in terms of this order.
5. Pending applications, if any, stand disposed of.
