DIPAK MISRA,CJI. - (1.) In the instant writ petition preferred under Article 32 of the Constitution of India, the petitioners, namely, the actor, producer and director of the movie, have prayed for quashing of F.I.R. No.34 of 2018, dated 14.02.2018, registered at Falaknama Police Station, Hyderabad, Telengana. That apart, a prayer has also been made that no F.I.R. should be entertained or no complaint under Section 200 of the Code of Criminal Procedure should be dealt with because of the picturization of the song "Manikya Malaraya Poovi" by the petitioner No.1 in the film, namely, "Oru Adaar Love".
(2.) The grievance of the petitioners is that the said song has been sung in various parts of the State of Kerala since 1978. It is urged by the learned counsel for the petitioners that the song has been picturized by petitioner No.1 as a part of the movie and the said song, as averred in the writ petition, is a mappila song which is a version of a traditional Muslim song from the Malabar region of Kerala. It is contended that the petitioners cannot be made liable for the song being sung in the movie which is yet to be released. It is not disputed that the song has been available in Youtube and other mediums as a promotional venture.
(3.) The F.I.R. in the matter has been lodged by the intervenor, namely, M.A. Muqeeth Khan, son of Jawad Khan. The allegation in the F.I.R. is that the song offends the sentiments of a particular community. The F.I.R. has been lodged for an offence under Section 295A of the Indian Penal Code.;