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1. Accused persons have been charge sheeted for committing offence punishable under Section 292 of The Indian Penal Code, 1860 read with Section 34 of The Indian Penal Code, 1860. The allegations against the accused persons are that on 14.01.1999 at 06:30 pm to 08:30 pm at Lokesh Cinema Hall, Main Rohtak Road, Nangloi, New Delhi, accused persons namely Mahender Kumar Saini, Ramesh Kumar Pandey and Ram Baran Thakur (since PO) in furtherance of their common intention were indulged in exhibiting a movie namely "Adamshashtra" interspersed with the nude scenes of a blue film. According to the prosecution, accused persons have committed offence punishable under Section 292 of The Indian Penal Code, 1860 read with Section 34 of The Indian Penal Code, 1860.

13. Before passing the final order, it is pertinent to mention here that the present case is a case where the main culprits have been left by the investigating agency and the minor employees who were present in the cinema hall were made accused in this case. It has come on record in the evidence of PW3 and PW4 that Ram Sanjeevan Mishra was the manager of the cinema hall. It is quite strange that IO exonerated him by writing his statement that the accused Mahender Kumar Saini was manager for the night timings, when it is the case of the investigating agency and the prosecution that repeated complaints were coming for several days that the film "Adamshashtra" interspersed with the scenes of blue film clips is running in Lokesh cinema. The IO exonerated the perpetrator of crime by writing his statement. The manager was liable to be prosecuted for offences under Section 292 (2) (a) of The Indian Penal Code, 1860 and Section 7 (1) (b) of The Cinematograph Act, 1952. The challan of the police is also silent about the owner of the Lokesh cinema who was liable to be prosecuted for offences under Section 292 (2) (c) of The Indian Penal Code, 1860 and Section 7 (1) (b) of The Cinematograph Act, 1952. The investigating agency has not challaned both above for the reasons best known to it.

13.3 In the present matter, there is sufficient evidence on record that Ram Sanjeevan Mishra was the manager of the Lokesh cinema at the relevant point of time. The evidence on record is such that the manager Ram Sanjeevan Mishra and owner of Lokesh cinema can be convicted for offences under Section 292 (2) (a) of The Indian Penal Code, 1860 and Section 7 (1) (b) of The Cinematograph Act, 1952 and under Section 292 (2) (c) of The Indian Penal Code, 1860 and Section 7 (1) (b) of The Cinematograph Act, 1952 respectively. The Court should have summoned these two persons earlier at the time of recording of evidence. Procedure is handmaid of justice and not its master. The object of The Code of Criminal Procedure, 1973 is to effectively execute the administration of criminal justice system. In view of above judgment of Hon'ble Supreme Court of India and in the interest of administration of criminal justice system, this Court hereby summon the manager Ram Sanjeevan Mishra for offences under Section 292 (2) (a) of The Indian Penal Code, 1860 and Section 7 (1)

(b) of The Cinematograph Act, 1952 and the owner of the Lokesh Cinema for offences under Section 292 (2) (c) of The Indian Penal Code, 1860 and Section 7 (1) (b) of The Cinematograph Act, 1952 respectively under Section 319 of The Code of Criminal Procedure, 1973 to stand trial. The summons shall be ordered to be issued at the time of hearing on point of sentence qua present accused persons.

14. In view of the aforementioned facts and circumstances, this Court is of the opinion that prosecution has duly proved its case against the present accused persons for offence punishable under Section 292 (2) (a) of The Indian Penal Code, 1860 read with Section 34 of The Indian Penal Code, 1860 beyond shadow of reasonable doubt. Accordingly, the accused persons namely Mahender Kumar Saini and Ramesh Kumar Pandey are hereby convicted for offence punishable under Section 292 of The Indian Penal Code, 1860 read with Section 34 of The Indian Penal Code, 1860.