VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
from 5 minutes 24 seconds to 6 minutes 40 seconds as well as from
25 minutes and 28 seconds to 25 minutes and 46 seconds, is obscene
and vulgar. It is alleged that the entire act and conversation,
broadcasted and published, is indecent and obscene in the name of
entertainment and with motive of financial gains. It is alleged that the
accused persons, who are all above the age of 18, have no sense of
morality or responsibility towards the society and have published/
broadcasted vulgar, obscene and indecent web series.
10.
The petitioners are aggrieved by learned ACMM’s order dated
17.09.2019 vide which the learned ACMM was pleased to observe
that case under Sections 292/294 of IPC and Section 67/67A of
Information and Technology Act was prima facie made out and
concerned SHO was directed to register FIR against the petitioners
under appropriate provision of law after conducting investigation
into the allegations of the complainant. The operative portion of the
said order reads as under:
“…In the light of above cited observations made by Hon'ble
Supreme Court of India and in the light of my foregoing
discussion I am of the considered opinion that the vulgar
language incorporated in the web series titled as College
Romance is prima facie capable of appealing to the prurient
interests of the audiences and circulation of such obscene
material on various internet portals, prima facie discloses the
commission of cognizable offences punishable u/s 292 / 294
and 67 / 67A IT Act. Specialized investigation by a
competent agency such as police is required in the present
matter to curb circulation of such obscene material amongst
members of general public as well as for collection of
evidence and apprehension of the culprits. Accordingly, this
court deems it appropriate to direct the SHO PS Mukharjee
CRL.M.C. 2214/2020 & connected matters
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