PRADEEP KANT AND B.B.AGARWAL, JJ. - (1.) HEARD the learned Counsel for the petitioner Sri Amarjeet Singh Rakhra, and learned additional chief standing counsel Sri Rakesh Bajpai.
(2.) THE petitioners licensee under the provisions of the U. P. Cinemas (Regulation) Act, 1955 are running a cinema hall known as 'Vishal Picture Palace' in Utraula, district Balrampur. On 31st December, 2005 the police came to the aforesaid cinema hall after the evening show was over and arrested two of the employees of the cinema hall and also took away the reel/print of the movie which was running at that time in the cinema hall. The First Information Report was registered under Section 292C of the Indian Penal Code on 31.12.2005 and the licence of the petitioners was suspended by the District Magistrate, Balrampur on 9.1.2006 which is still under suspension. The District Magistrate required the petitioners to deposit the income which they have derived from the objectionable shows, which amount to the tune of Rs. 22,569, has been deposited by the petitioners on 8.2.2006. It is the case of the petitioners that after deposit of the amount they approached the District Magistrate and the Entertainment Commissioner for allowing them to run the picture hall and exhibit films, but this prayer was not accepted. However, the petitioners moved an application on 25th May, 2006 for compounding of the offence under Section 8A of the Act.
(3.) THE petitioners were found exhibiting pornographic film which was absolutely of prohibited degree film, a fact which is more detailed in Annexure -9, i.e., the order of compounding passed by the District Magistrate. There is no whisper that the petitioners did not indulge in exhibiting pornographic and obscene film, which was neither licensed nor cleared from the Censor Board, nor the licence did permit exhibition of such film.;