Punjab & Haryana High Court Seeks Status Report on Rajkumar Rao’s Plea to Quash FIR Over ‘Behan Hogi Teri’ Poster

The Punjab and Haryana High Court has sought a status report from the Jalandhar Police in connection with a petition filed by Bollywood actor Rajkumar Rao seeking quashing of an FIR registered against him for allegedly hurting religious sentiments through a promotional poster of the 2017 film Behan Hogi Teri.

The FIR, lodged in Punjab’s Jalandhar, accuses Rao under Section 295A of the Indian Penal Code (deliberate and malicious acts intended to outrage religious feelings), Section 120B IPC (criminal conspiracy), and Section 67 of the Information Technology Act. The controversy stems from a promotional image circulated during the film’s release, in which Rajkumar Rao was shown dressed as Lord Shiva, sitting on a motorcycle. The petitioner contends that the portrayal was part of a scripted role in which his character, a member of a neighborhood devotional group (jagran mandali), often dressed up as Lord Shiva during community events. In a recent development, Rao surrendered before a Jalandhar Court and was granted bail in the case.

Court Seeks Response from Police

Hearing the petition, Justice N.S. Shekhawat of the Punjab & Haryana High Court issued notice in the matter and sought a status report from the police. The Court observed:  “Notice of motion. On the asking of the Court, Mr. Jastej Singh, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent No.1 and prays for time to file a status report...The status report of investigation may be filed by way of an affidavit of Commissioner of Police, Jalandhar on or before the next date of hearing.” The matter has been adjourned to August 08.

The plea, filed by Advocate Tejeshwar Singh, argues that the essential ingredient of Section 295A IPC “deliberate and malicious intention” is absent in this case. It highlights that there is no evidence suggesting that Rao had any intention to outrage religious sentiments. The petitioner emphasized that he merely acted in accordance with a scripted role and that there is no conceivable motive for him to insult any religious belief or community.

Furthermore, the petition points out that the film Behan Hogi Teri was reviewed and certified by the Central Board of Film Certification (CBFC) with a 'UA' certificate. Since the CBFC is a statutory authority under the Cinematograph Act, 1952, tasked with examining potentially offensive or religiously sensitive content, its clearance of the film indicates that the scenes in question are not legally objectionable. The plea also invokes Article 19(1)(a) of the Constitution, asserting that the portrayal in question is protected as artistic expression under the right to freedom of speech and expression.

Case Title: Rajkumar Yadav alias Raj Kumar Yadav alias Rajkumar Rao vs. State of Punjab and Another