Factual Matrix 

In the Matter of Rahul Kumar Tewary v. State of Punjab a petition for the cancellation of a First Information Report for crimes under Sections 295-A and 34 of the Indian Penal Code, 1860, as well as the subsequent actions involving the broadcast of offensive material on the TV series Ram Siya Ke Luv Kush, has been filed.

Punjab & Haryana HC verdict 

The FIR and all subsequent procedures in the current instance were overturned by the single-judge bench of the Punjab and Haryana High Court, led by Justice Deepak Gupta.

The Court cited the ruling made in Colours TV v. State of Punjab, where the same issue was raised in opposition to a District Magistrate’s decision to suspend the airing of the TV series Ram Siya Ke Luv Kush while acting under Section 19 of the Cable television a network Regulations Act of 1995. The State government formed a committee to look into the matter, and after receiving comments from that committee on how Bhagwan Valmiki ji was portrayed, an agreement was reached with the serial’s director, producer, and performers. The petitioner further acknowledged that nothing improper was broadcast by Colours TV with regard to Swami Valmikiji or against religion after the broadcast of the serial Ram Siya Ke Luv Kush was discontinued. As a result, the Court invalidated the FIR filed under Sections 295-A and 34 of the IPC, as well as all subsequent actions taken in opposition to the applicant in the current case, without the respondents objecting to the same.

CASE NAME – Rahul Kumar Tewary v. State of Punjab, Criminal Main No. 35547 of 2019