IFTIKHAR HUSSAIN CHAUDHRY, C.J. - Criminal case F.I.R. No. 517, dated 6.8,2005 under sections 292, 294, P.P.C, was registered at Police Station Civil Lines, Gujrat, on the report of Ghazanfar Ali, Sub- Inspector of the Police Station.
2. The case was registered after police raided Sangeet Cinema Threatre, Gujrat on a source information, when semi-nude women were engaged in dancing and spectators were also enjoying the show. Criminal case was registered against 294 persons, who were taken into custody. Two persons, startlingly, escaped fr6m the threatre.
3. Under consideration petition was submitted for issuance of a declaration that case was registered without, lawful authority.
4. Notice of the petition was issued to State.
5. Learned counsel for the petitioner and learned Additional Advocate-General have been heard today.
6. Learned counsel for the petitioner contended that from the contents of F.I.R., no offence under section 292 or 294, P.P:c, was made out and the police acted with mala tides and arrested a large number of innocent spectators, who were not doing anything, It was submitted that the drama was being staged after obtaining an NOC, issued by the competent authority and police had absolutely no power to have raided the threatre or to have registered the case, It was submitted that, as no offence under the germane law was made out against any of the accused, including the petitioner and there was no likelihood of conviction of any of the accused, continuation of proceedings in the case, would tantamount to abuse of process of law and, therefore, all the proceedings should be quashed.
7. Learned Additional Advocate-General, after going through the provisions of section 292 and section 294, Pakistan Panel Code, 1860, conceded that contents of F.I.R, did not make out any case under both the provisions. He, however, submitted that police had raided the premises after complaints were made by a large number of citizens with regard to incedent performance of artistes in the threatre and action taken by police as not motivated by any ill-will or order negative considerations.
8. The narrative contained in the F.I.R, does not make out any case against the accused for commission of offences under section 292, P.P.C, or section 294, P.P.C. There is no likelihood of conviction of. Any of the accused in the case. Allowing the prosecution of accused, including the petitioner, in the case, would tantamount to, abuse of process of law and Courts. Therefore, the criminal case F.I.R. No. 517, dated 6.8.2005 is declared to have been registered at Police Station, Civil Lines, Gujrat, without, lawful authority and would be of no legal consequences.
9. The Home Department, Government of Punjab vide Notification No. 13-2-H-Spl.II/2003, dated 29.6.2004 had prescribed standard operating procedures for dramatic performance. Paragraph
(iv) of the. Aforesaid Notification reads as under:-- "The D.C.Os/D.P.Os will not take any action against theatres by intercepting the performance, In case of any complaint of violation of the terms of the NOC, they shall immediately forward the monitoring reports to the Home Department for the punitive action u/s. 3 of Dramatic Performance Act, 1876 as envisaged in Home Department's circular letter of ever) number dated 7th April, 2004."
10. In case drama for staging of which NOC was issued by the District Coordination Officer, Gujrat - the competent authority in the case, had travelled beyond the duly approved script or the artistes were engaged in obscene acts, gestures or even dancing, action against the threatre, the holder of NOC and artistes could have been taken in terms of the Notification, referred to above. This, is the proper course, which ought to have been adopted by the police in the case, as well. The police, of course, shall be at liberty to take any action in terms of the aforesaid Notification in case of recurrence of the mischief by the theatre owner or organizer of the show.
11. Disposed of.