P.K. Lohra - (1.) Petitioners have preferred this misc. petition under Section 482 Cr.P.C. imploring quashment of entire proceedings in Criminal Case No. 123/2006, pending before Chief Judicial Magistrate, Udaipur (for short, 'learned trial Court').
(2.) The facts, apposite for the purpose of this petition, are that FIR No. 341/2005 came to be registered against petitioners at Police Station Suraj Pole, District Udaipur charging them for offence under Section 3/8 of the Rajasthan Cinemas (Regulation) Act, 1952 (for short, 'Act of 1952') insinuating them for running Cinema Hall in the name of Picture Palace at Udaipur without there being a due licence required under the provisions of the Act of 1952.
(3.) It is submitted by learned counsel for the petitioners that by order dated 30th of April, 2005, licence of the cinema hall for exhibiting feature films was cancelled by District Magistrate, Udaipur but the said order was stayed by this Court in Writ Petition No. 2882/2005. It is also argued by learned counsel that pursuant to the interim directions issued by Court, subsequently, licence of the petitioners was renewed by District Magistrate, Udaipur on 21st of October, 2005 and renewal of the licence obviously relate back to the date of expiry. It is in that background, learned counsel has argued that offence under Section 8(1) of the Act of 1952 is not made out. In support of his arguments, learned counsel has placed reliance on a decision of this Court in Shashi Rani v. State of Rajasthan [1987 Law Suit(Raj) 666] .;