Bombay High Court has quashed an FIR filed against Colors TV channel and producers of TV show Big Boss. The FIR was registered by Sunil Ahire, President of the Mumbai Pradesh Youth Congress on October 4, 2008.
The Coram was constituted of Ranjit More & Smt.Sadhana Jadhav, JJ. Endemol India Pvt. Ltd.were the petitioners while The State of Maharashtra were the respondents.
The petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, to quash and set-aside the complaint dated 4th October, 2008 and FIR No.34 of 2008 registered in pursuance of the said complaint by the Andheri Police Station at the instance of the respondents . The respondent has alleged of offences punishable under Sections 292and 294 of the Indian Penal Code, 1860 and Indecent Representation of Women Act.
The petition for quashing of FIR was filed by Endemol India Pvt Limited in 2008 itself. The petition was admitted in 2009 and the court while asking for the investigation to proceed had given a relief to the Big Boss producers and the channel from arrest. However, in spite of the petition coming up for hearing many times, the police through the prosecution could not “place on record the stage of investigation” because of which the court was “constrained to proceed and dispose off the petition on merits.”
The court found that the FIR registered at Andheri police station of Mumbai was done after Ahire had given them a letter stating that he had been watching the show for three weeks. He said, “I found indecency and vulgarity acted and represented by the participants of the Bigg Boss on the channel which is further spreading indecency and vulgarity and also propagating the indecent representation of women.”
He claimed that he had been also receiving complaints from the public at large and workers of his party. According to him, what was shown was “vitiating the youth’s mind” and was “causing harassment in the family members of the party workers.”
However, the division bench of justice Ranjit More and justice Sadhna Jadhav while quashing the FIR , noted that he “has not given the dates on which the reality show “Big Boss” was aired and viewed by him”. He has also “not given particulars in respect of the indecency and vulgarity alleged by him. Also, the names and particulars of the participants who exhibited vulgarity are not given.” Ahire had failed to mention “the names of the persons from whom he has received the complaints.” The court said that Ahire “has made ominous/general allegations.”