PRIYA PRAKASH VARRIER AND OTHERS versus STATE OF TELANGANA AND ANOTHER

Section 295A IPC is not attracted as the picturization of the song, even with the 'wink', does not amount to deliberate and malicious insult to religious beliefs; therefore, FIR No.34 of 2018 is quashed and no further complaints should be entertained based on this song's picturization.

Parties: Petitioner: Priya Prakash Varrier and Others; Respondent: State of Telangana; Intervenor: M.A. Muqeeth Khan
Jurisdiction: India
Judgment Date: 31 August 2018
Procedural Posture: Writ Petition (criminal) / Final Judgment
Outcome: petition allowed; FIR quashed
Legal Topics: Section 295 a IPC, Freedom of Expression, Quashing of FIR, Religious Sentiments

Criminal Law Constitutional Law Section 295 a IPC Freedom of Expression Quashing of FIR Religious Sentiments

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Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2

Parties

Priya Prakash Varrier and Others

Petitioner

State of Telangana

Respondent

M.A. Muqeeth Khan

Intervenor

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

1 Whether picturization of the song 'Manikya Malaraya Poovi' attracts Section 295A of IPC
2 Whether FIR No.34 of 2018 should be quashed
3 Whether further complaints related to the song should be entertained

Ratio Decidendi

Court Disposition

petition allowed; FIR quashed

Orders

FIR No.34 of 2018 quashed
No FIR under Section 154 or complaint under Section 200 CrPC relating to picturization of the song to be entertained against petitioners