episode, constituting an offence under Sections 292, 294
and 509 of the Indian Penal Code6, Sections 67 and 67A of
the IT Act, and Sections 2(c) and 3 of the Indecent
Representation of Women (Prohibition) Act, 19867. On
13.03.2019, the complainant filed an application under
Section 200 read with Section 156(3) of the CrPC before
the ACMM seeking registration of FIR. The Investigating
Officer conducted an enquiry and filed an Action Taken
Report on 09.04.2019 stating that no cognisable offence is
made out and in fact, there is no obscenity in the allegedly
offending content.
3.2
However, the ACMM, by order dated 17.09.2019, allowed
the complainant’s application and directed the registration
of an FIR against the appellants under Sections 292 and
294 of the IPC and Sections 67 and 67A of the IT Act as
the vulgar language used is prima facie capable of
appealing to prurient interests of the audience and is
hence obscene.
3.3
The appellants filed a revision petition before the
Additional Sessions Judge, who by order dated 10.11.2020
6
7
‘IPC’ hereinafter.
‘IRWP Act’ hereinafter.
3