RAJ KAPOOR AND ORS. versus STATE AND OTHERS

RAJ KAPOOR AND ORS. versus STATE AND OTHERS

Issuance of a certificate by the Board of Film Censors under the Cinematograph Act does not bar the jurisdiction of criminal courts to try offences under Sections 292/293 IPC. The High Court's inherent powers under Section 482 CrPC coexist with revisional powers under Section 397, and may be exercised in appropriate cases, particularly where the process of the court is abused or extraordinary situations arise. The High Court erred in rejecting the petition without considering merits due to a procedural technicality when the original order was available.

Parties
Appellant: Raj Kapoor; Respondent: State; Respondent: Other(s) (e.g. 2nd Respondent/Complainant)
Jurisdiction
India
Judgment Date
26 October 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of Delhi High Court Rejecting a Petition for Quashing Summons in Complaint Under IPC Sections 292/293/34
Outcome
Appeal allowed; order of High Court set aside; matter remanded
Legal Topics
Inherent Powers of High Court, Revisional Powers, Obscenity, Film Censorship, Summoning of Accused, Interplay of Penal Code and Cinematograph Act
Criminal Law Media Law Inherent Powers of High Court Revisional Powers Obscenity Film Censorship Summoning of Accused Interplay of Penal Code and Cinematograph Act

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Parties

Raj Kapoor

Appellant

State

Respondent

Other(s) (e.g. 2nd Respondent/Complainant)

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Delhi High Court Rejecting a Petition for Quashing Summons in Complaint Under IPC Sections 292/293/34

Legal Issues

  1. 1 Whether issuance of a certificate by the Board of Film Censors under the Cinematograph Act bars a criminal court's jurisdiction to try offences under Sections 292/293 IPC.
  2. 2 Whether the High Court's inherent powers under Section 482 CrPC are repelled when revisional powers under Section 397 overlap.

Ratio Decidendi

Issuance of a certificate by the Board of Film Censors under the Cinematograph Act does not bar the jurisdiction of criminal courts to try offences under Sections 292/293 IPC. The High Court's inherent powers under Section 482 CrPC coexist with revisional powers under Section 397, and may be exercised in appropriate cases, particularly where the process of the court is abused or extraordinary situations arise. The High Court erred in rejecting the petition without considering merits due to a procedural technicality when the original order was available.

Court Disposition

Appeal allowed; order of High Court set aside; matter remanded

Orders

  • High Court is directed to dispose of the petition on merits expeditiously, not later than one month.
  • If the petition is dismissed on merits, the court below to proceed with the trial and bring it to an early close.