Criminal Proceeding Quashed Against The Overnight Internet Sensation Priya Prakash Varrier

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The Supreme Court stayed all the criminal proceedings, past and future against Priya Prakash Varrier, Malayalam actress.

The Malayalam actress Priya Prakash Varrier, who became an internet sensation overnight with a wink, has finally found breathing space, due to the Supreme Court quashing the criminal proceeding against her and the director of the upcoming movie, “Oru Adaar Love”

Case Facts:

A writ petition was preferred under Article 32 of the Constitution of India. The petitioner, namely the actress, producer and director of the movie have prayed for quashing of the FIR No. 34 of 2018, dated 14.02.2018 registered at Falaknama Police Station, Hyderabad, Telangana. Apart from that, a request has been also made that no further FIR should be entertained or any complaint under section 200 of the Criminal Procedure Code should be dealt because of the picturization of the song ‘Manikya Malaraya Poovi’, by petitioner no. 1 in the film, namely “Oru Adaar Love”.

The petitioner said that the said that the song has been sung in various part of Kerela since 1978 and the said song is a version of a traditional Muslim song from the Malabar region of Kerela and the petitioner cannot be held liable for the song being sung in the film which is yet to be released.

The FIR in the matter has been lodged by the intervenor, namely M.A. Muqeetk Khan.

Issue:

The allegation in the Fir is that the song offends the sentiments of a particular community. The FIR has been lodged for an offence under Section 295A of The Indian Penal Code.

The main issue here was whether the Section 295A IPC would get attracted to the obtaining fact situation.

It is worthy to note that the constitutional validity of the said provision was assailed before the court in the case of Ramji Lal Modi v State of U.P.

Judgment:

The SC observed “we perceive that the intervenor who was an informant in the FIR No. 34 of 2018, in all possibility has been done to gain a mileage from FIR. What is urged before us is that Picturisation which involves the actresses with a wink is blasphemous. Barring that there is no other allegation. Such an allegation, even if it is true, would not come within the ambit and sweep of Section 295A IPC as has been explained in Ramji Lal Modi case. We allow the writ petition and quash the FIR No. 34 of 2018 and we also direct that no FIR under Section 154 or any complaint under section 200 of the Code of Criminal Procedure should be entertained against the petitioner because of the Picturisation of the Song.”

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