This is an application under section 482 of the Code of Criminal Proce­dure for quashing the criminal proceeding registered as GR Case No. 4497/88 pending before the learned Judicial Magistrate, Gauhati. The present petition has been filed by the accused-petitioner who is the proprietor of a Cinema Hall exhibiting films received from distributors, agents etc. 2. Shri Barman, SI of Police, Noonmati Police Station on 14.11.88 filed the FIR before the Officer-in-charge of the same police station stating that it was reported that the accused, who is owner of the said Cinema Hall, exhibited the English film `Endless Love' on 13.10.88. It was also stated that the portion of reel No. 2 of the film which was ordered to be cut by the Central Board of Film Certification was not complied with. In other words the film was exhibited in violation of the order of the Board and thereby the accused person disobeyed the restrictions imposed by the said Board. Accordingly, it was prayed that a case under section 7(1)(a) of the Cinematograph Act, 1952, for short, `the Act' may be taken up. After investigation, police submitted charge-sheet under the aforesaid section of law and hence, the present petition. 3. I have heard Dr. Sharma, learned counsel for the accused petitioner and Mr. BC Das, learned Public Prosecutor. 4. According to Dr. Sharma from the FIR, charge-sheet and the certificate (Annexure III) to the petition, no prima facie case has been made out as per provisions of law. On the other hand learned Public Prosecutor has urged that as the film was shown in spite of restrictions imposed by the Central Board of Film Certification, the accused petitioner is liable for the offence. 5. In this case sections 4 (1) (i), (ii), (iii), 5A (b) and section 7 (1) (a) are relevant and also Rules 26 and 27 of the Cinematograph (Certification) Rules, 1983 framed by the Govt. of India. These sections and Rules are quoted below: “4. 5. In this case sections 4 (1) (i), (ii), (iii), 5A (b) and section 7 (1) (a) are relevant and also Rules 26 and 27 of the Cinematograph (Certification) Rules, 1983 framed by the Govt. of India. These sections and Rules are quoted below: “4. Examination of films - (1) Any person desiring to exhibit any film shall in the prescribed manner make an application to the Board for a certificate in respect thereof, and the Board may, after examining or having, the film examined in the prescribed manner:- sanction the film for unrestricted public exhibition; sanction the film for public exhibition restricted to adults; or direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for public exhibition under any of the foregoing clauses; *** *** *** 5 A. Certification of films. - (1) If, after examining a film or having it examined in the prescribed manner, the Board considers that- (a) *** *** *** (b) the film is not suitable for unrestricted public exhibition but is suita­ble for public exhibition restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of any profession or any class of persons, it shall grant to the person applying for a certificate in respect of the film an "A" certificate or, as the case may be, a “S" certificate: and cause the film to be so marked in the prescribed manner: 7. Penalties for contraventions of this part. - (1) If any person a) exhibits or permits to be exhibited in any place - i) any film other than a film which has been certified by the Board as suitable for unrestricted public exhibition or for public exhibition restri­cted to adults or to members of any profession or any class of persons and which, when exhibited, displays the prescribed mark of the Board and has not been altered or tempered with in any way such mark was affixed thereto. (ii) any film, which has been certified by the Board as suitable for public exhibition restricted to adults, to any person who is not an adult." "Rule 26. (ii) any film, which has been certified by the Board as suitable for public exhibition restricted to adults, to any person who is not an adult." "Rule 26. Issue of certificate subject to removal of portions of film (1) where the applicant is informed by a regional officer that a film will not be granted `U' or `UA' or `A' or `S' certificate, as the case may be, unless a specified portion or portions thereof be removed from the film, the regional officer may issue such a certificate, if he is satisfied on a decla­ration made in writing by the applicant that the portion or portions objected to have been excised from the negative of the film and from all copies thereof, whether in the possession of the applicant or the laboratory where the film was processed, the distributor, the exhibitor or any other person and surrendered to him. Explanation - sot the purpose of being satisfied that the portion or portions objected to have been excised from the negative of the film and from all copies thereof, - (a) the regional officer or the Chairman may at the expense of the applicant examine the relevant portions of the negative of the film or copies thereof or cause it or them to be examined by one or more members of the advisory panel at such time and place as he may determine; (b) the regional officer may require the applicant to produce a certificate from the owner or the manager of the laboratory where the film was processed, in such form as may be specified by the Board in this behalf in regard to the number of positive and negative copies of the film made in the laboratory. (2) A certificate issued under sub-rule (1) shall be endorsed with a speci­fication of the portion or portions required to be removed and a statement of the exact length of each part or parts removed and in the case of reduction of scene of sequences, it shall mention the length of the portion reduced and the length of the portion retained and shall bear a clearly visible triangle drawn at the left hand bottom corner of the certificate. (3) Where any film has been granted 4 certificate under this rule subject to the condition that a specified portion or portions thereof be removed from the film any person who imports or otherwise acquires a copy of the film after the date of certificate aforesaid, shall surrender to the Board such portion or portions in any such copy. 27. The portion or portions of the film and of all copies surrendered to the regional officer as provided in Rule 26 shall be preserved for a period of six months in the Board's office and unless required by the Board shall thereafter be handed over to an authorised officer of the National Film Archive of India, Poona for study and research." 6. From the aforesaid sections more particularly, section 4(1) clause (ii) it appears that the Board in the manner stated in sections and Rules may sanction a film for public exhibition restricted to adult, which is the case in respect of the present film as would appear from the certificate, Annexnre III. Under clause (iii) of said sub-section (1) of section 4, the Board may direct the applicant to carry out such excisions or modifications of film as it thinks necessary before sanctioning the film for public exhibition for any of the clauses of the said sub - section (1). In other words before issuing the certi­ficate for exhibition of the film excision or modifications must take place as directed by the Board and the part of the objectionable portion of the film which excisions or modification is ordered cannot remain in the film. 7. Reading Rule 26, it is clear that portion or portions objected and directed by the Board to excisions from the negative of the film and all copies thereof, whether in possession of the applicant or the exhibitor, the distributor or any other person shall be surrendered and Rule 27, inter alia, provides that such objectionable portion may be kept for a period of 6 months by the Board and thereafter it shall be sent to the National Film Archive, Pune for study and research. Section 5-A empowers the Board to issue certificate for public exhibition of a film according to classification as stated in the said section. 8. Section 5-A empowers the Board to issue certificate for public exhibition of a film according to classification as stated in the said section. 8. Reading' sections 4, 5-A and Rules 26 and 27 it is clear that once the Board orders excision of any portion of any film, it shall be taken out from all negatives and copies of such film and shall be kept by the Board for six months and thereafter sent to the Laboratory as stated in the Rules. Unless this exercise is done, the certificate for public exhibition cannot be granted by the Board. So the portion of the film ordered to be cut from any reel cannot remain in any film or copies thereof with the producer, exhibitor, distributor or any other person. 9. Situated thus, I find that the certificate, which was granted by the Board and film in question was allowed for public exhibition to adult mem­bers vide Annexure III could have been done only removing the objection­able portion of the film. In fact it is clearly stated on the reverse side of the certificate that from reel No. 2 voluntary cut by the applicant was 100 ft. and the length of reel No. 2 after such cut was 70 foot. Therefore, the portion that was removed from the negative of the film and/ or other copies could not have remained in reel No. 2 as this cut portion was to remain with the Board for six months under Rule 26 and action was to be taken thereafter under Rule 27. 10. Attention of this Court has been drawn by Dr. Sharma to the charge-sheet which is available in the original record. From the charge-sheet, it appears that the allegation was that the accused exhibited reel No.2 though it was ordered to be cut from the film. In fact, there was no such direction by the Board as stated above. The portion of the reel which was exhibited did not or could not have contained 100 feet of the film for which there was a voluntary cut. 11. Attention of this Court has also been drawn to the decision of the Apex Court in Raj Kappor vs. Laxman, AIR 1980 SC 605 to press the point that after certificate was given under section 5-A of the Act, there cannot be any violation of any provision of any law including section 292 IPC. 11. Attention of this Court has also been drawn to the decision of the Apex Court in Raj Kappor vs. Laxman, AIR 1980 SC 605 to press the point that after certificate was given under section 5-A of the Act, there cannot be any violation of any provision of any law including section 292 IPC. On perusal of the said judgment of the Apex Court, it appears that section 79 IPC comes into play as soon as a certificate is granted under section 5-A of the Act. 12. As the film was exhibited on the basis of the certificate and in view of the above ratio laid down, the accused petitioner could not have been Deemed to have committed any offence under any provision of law, 13. Regarding power of this Court for quashing a criminal proceeding, decision of this Court in Chandra Nath Sarma vs. Mahesh Nath Sarma, 1989 Crl. LJ 1330 has been placed. It is settled law that this Court can quash any criminal proceeding by exercising power under section 482 CrPC if the condition laid down by the Apex Court in JP Sarma vs. Binod Kumar Jain (1986) 3 SCC 67 are fulfilled. 14. As in the case in hand, the case of the prosecution is patently absurd and inherently improbable, no prudent person could arrive at the conclusion that there was sufficient ground to proceed against the accused in this criminal proceeding. Hence, the proceeding is liable to be quashed. 15. Dr. Sharma has also urged regarding delay in filing of the FIR, which I think is not necessary to enter in view of what has been stated above. In the result, the petition is allowed, rule is made absolute and the criminal proceeding pending before the Additional CJM, Gauhati registered as GR Case No. 4497/88 is quashed. The accused person is discharged from the liability of the bail bond and the seized property shall be returned to the accused petitioner.