SHYAM BHARTEEY vs CENTRAL BOARD OF FILM CERTIFICATION REGIONAL OFFICER DELHI & ANR.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10th September, 2025 RFA-IPD 1/2023 SHYAM BHARTEEY .....Petitioner Through: Appellant in person versus CENTRAL BOARD OF FILM CERTIFICATION REGIONAL OFFICER DELHI & ANR. .....Respondents Through: Mr. Ripudaman Bhardwaj, CGSC with Mr. Amit Kumar Rana, Adv. for JD-1 and JD-2 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. The present appeal was earlier filed as a writ petition under Article 226 of the Constitution of India seeking to raise a challenge to the refusal of grant of certification of the Central Board of Film Certification (‘CBFC’) for public exhibition of the Appellant’s film i.e., ‘Masoom Kaatil’ (Hindi). 2. This Court vide order dated 02.12.2022 observed that under Section 5C of the Cinematograph Act, 1952 (‘Act of 1952’), an appeal would lie challenging an order refusing to grant a film certificate. It was observed that earlier the said appeal used to lie before the Film Certification Appellate Tribunal (FCAT) constituted under Section 5D of the Act of 1952. The Court 2.1. The Court referred to the Office Order issued by Hon’ble the Chief Justice of this Cou