The Madhya Pradesh High Court bench in Indore has dismissed a petition of TV producer Ekta Kapoor seeking that a case filed against her for alleged objectionable content in web series "XXX season 2" be quashed.
However, the Indore bench, in its 65-page verdict delivered on Wednesday, observed that the provision of the IPC section dealing with hurting religious feelings was not found to have been breached by the defendant.
Five months ago, an FIR was registered against Ekta Kapoor following a complaint alleging that the web series, aired on her OTT platform ALTBalaji, not only spreads obscenity, but also hurts religious feelings.
The TV produder-cum-filmmaker was booked under relevant sections of the Information Technology Act and the Indian Penal Code.
A single bench of Justice Shailendra Shukla observed, "After due consideration in view of the aforesaid discussions, it appears that facts of the case are not such that this court may exercise its extraordinary powers under Section 482 of CrPC for quashing the FIR at least in respect of Section 67, 67-A of IT Act and Section 294 of IPC."
"Although, it would be fair enough to state that provision of Section 298 of the IPC and the provision of the State Emblem Act are not found to have been breached, Judge Shailendra Shukla said in a reprieve to the producer on two charges.
Ekta Kapoor was charged under IPC sections 294 (obscenity), 298 (hurting religious feelings), and also relevant provisions of the IT Act and the State Emblem of India (Prohibition of Improper Use) Act.
The FIR was registered against her at the Annapurna police station in Indore on the complaint lodged by Valmik Sakaragaye and Neeraj Yagnik, residents of the city.
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