Indore: Indore bench of Madhya Pradesh High Court on Wednesday dismissed a petition by TV serials and web series producer Ekta Kapoor seeking quashing of an FIR against her over alleged obscene depiction on public platform.
FIR was lodged at Annapurna police station on the complaint of Valmik Shakargaye claiming that an episode in web series XXX Uncensored 2 by Kapoor’s ALTBalaji depicted obscenity, hurt sentiments of a particular religion and attempted to tarnish the reputation of Indian Army and breached sanctity of National Emblem.
FIR was registered under Sections 294, 298 of IPC and 67, 67 A of IT Act.
Kapoor had moved a petition under Section 482 of CrPC in the court through her advocates Siddharth Luthra and Anand Soni seeking quashing of the FIR.
The petitioner submitted that the web series is a drama/comedy/parody, which explores schemes of romance and human sexuality in different modern day scenario. The web series and episode are not remotely connected with Indian Army or religion.
Justice Shailendra Shukla stated that it appears that the facts of the case are not such that this court may exercise its extraordinary powers under Section 482 of CrPC for quashing the FIR at least in respect of Section 67, 67-A of IT Act and Section 294 of IPC. “Although, it would be fair enough to state that provision of Section 298 of IPC and the provision of the State Emblem Act are not found to have been breached,” said the judge thus dismissing the petition.