Bombay HC relief for Mahesh Manjrekar, producers in obscene scenes case – Times of India

MUMBAI: Bombay High Court on Tuesday directed the police not to take coercive action for 3 weeks against director Mahesh Manjrekar and two producers in a case filed under the Protection of Children from Sexual Offences (POCSO) Act for allegedly explicit scenes involving a minor in the trailer of his latest Marathi film.
Justices Prasanna Varale and Suresh Tavade heard a petition by Manjrekar and Narendra and Shreyans Hirawat to quash the February 24, 2022 FIR lodged by Mahim police station on the direction of a POCSO court before whom an NGO had filed a complaint regarding the trailer of Nay Varan Bhat Loncha Kon Nay Koncha.
Senior advocate Shirish Gupte, for Manjrekar, argued that the order passed by the special court is without application of mind. He said the trailer, based on which the complaint is lodged, is withdrawn and the film is released after the censor board’s clearance. Gupte said the film does not contain any porn or any such scene involving a child that will come under the purview of POCSO Act.
Senior advocate Abad Ponda, for the Hirawats, said his clients are ready to extend all cooperation with the authorities. He said considering the instances where police have taken resort to the extreme action of effecting arrests, the Supreme Court in Arnesh Kumar versus the State of Bihar observed that where the offense is punishable with less than 7 years notice for appearance before police officer) under section 41 A Criminal Procedure Code should be served on the accused in such cases instead of arrested. He said Shreyans Hirawat was issued a notice under section 160 (Police officer’s power to require the attendance of witnesses) of Criminal Procedure Code, 1973 and it is not in consonance with the apex court’s observation to issue it under section 41 A of CrPC. “I have been summoned, I can be picked up. I am ready to attend. I am willing to cooperate,’’ said Ponda, urging for interim relief of protection.
The judges after perusing the material on record said, “We are of the opinion that a case is made out by the petitioners for interim relief.’’ They issued notice to the State seeking its reply after 3 weeks. “Respondent 1 (State) is directed not to take any coercive steps till the next date (of hearing) in both matters,’’ they concluded.