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As per case facts, a film producer, Keval Singh also known as KV Dhillon, faced an FIR for his movie "Shooter," which was accused of glorifying a gangster and promoting
...violence. The FIR was registered based on the movie's trailer before its official release. The State initially suspended the movie's exhibition, but the petitioner obtained certification from the Central Board of Film Certification (CBFC), confirming its suitability. Despite this, the State issued further notifications suspending the release, which the petitioner successfully challenged in the High Court, leading to the movie's eventual release and the withdrawal of his civil petition. The petitioner sought to quash the FIR, arguing it was based merely on apprehension, lacked the necessary `mens rea` for the invoked IPC sections, and violated his freedom of expression, especially given the CBFC's approval. The question arose whether an FIR, registered solely based on a movie trailer and without sufficient evidence of intent to incite violence or promote enmity between groups, should be sustained when the movie has already received statutory certification from the CBFC. Finally, the High Court concluded that no offense under the specified IPC sections was made out, as the FIR was based on apprehension and a trailer, lacking the essential element of `mens rea`. It emphasized that CBFC certification, unchallenged by the State, validates the movie's legal compliance. The Court found the FIR to be an abuse of legal process and a violation of the petitioner's fundamental right to expression, thus quashing the FIR and all subsequent proceedings.
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