Created by Fuzzy Cloud

Bombay High Court

VIJAY KUMAR S/O GIRIJA PRASAD MISHRAversusUNION OF INDIA THROUGH PRINCIPAL SECRETARY,

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed as not pressed, but leave to prefer an appeal under Section 5C of the Cinematograph Act, 1952 is granted.

Summary

Vijay Kumar Panchal filed a writ petition before the Bombay High Court seeking dismissal of the petition and permission to file an appeal under Section 5C of the Cinematograph Act, 1952 against the Union of India. The petitioner argued that the petition was not pressed and therefore should be dismissed, while also requesting leave to pursue an appeal under the statutory provision. The Court examined whether the petition was indeed pressed and whether the statutory leave under Section 5C could be granted. Finding that the petition was not pressed, the Court dismissed it. However, the Court granted the petitioner leave to prefer an appeal under Section 5C of the Cinematograph Act, 1952.

Issues considered

  • Whether the writ petition is pressed and should be dismissed.
  • Whether leave to prefer an appeal under Section 5C of the Cinematograph Act, 1952 can be granted.

Legislation cited

Subjects

  • Cinematograph Act
  • Section 5C
  • appeal
  • petition dismissed
  • leave to appeal

Judgment

                                                                           (7)-WP-1592-26.doc

      PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION

                                   WRIT PETITION NO. 1592 OF 2026
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                       Vijay Kumar S/o Girija Prasad Mishra          ...Petitioner
PANCHAL   Date:
          2026.09.18
          16:17:44
          +0530
                            Versus
                       Union of India & Anr.                         ...Respondents
                                                     ...
                       Mr. Ashok Saraogi a/w Mr. Sushil Upadhyay, Mr. Niraj Yadav,
                       Mr. Abdhula Shaikh & Mr. Amit Dubey, for the Petitioner.
                       Mrs. Savita Ganoo a/w Mr. D. P. Singh, for the Respondents.
                                                     ...

                                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                           ADVAIT M. SETHNA, J.

                                     DATE : 18th SEPTEMBER, 2026.


                       P.C.:
                       1.        Learned Counsel for the Petitioner submits that the
                       instant Petition be dismissed and leave may be accorded to
                       prefer an Appeal under Section 5C of the Cinematograph Act,
                       1952.



                       2.        With the aforesaid leave, the instant Petition stands
                       dismissed as not pressed.




                       [ADVAIT M. SETHNA, J.]                      [CHIEF JUSTICE]




                                                      1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.