SAMARESH BOSE Vs. AMAL MITRA

JUDGEMENT

(1.) Samaresh Bose, the first appellant, is a well-known writer of Bengali Novels and Stories. He is the author of a novel which under the caption 'Prajapati' came to be published in 'Sarodiya Desh' (the annual pooja number of the Bengali Journal 'Desh') for the Bengali year 1374 B. S. 'Desh' is a journal of repute with wide circulation and the puja number is read by lovers of Bengali literature of all age groups all over India, Sitangshu Kumar Dasgupta, the second appellant was the publisher and the printer of the journal at the relevant time.

(2.) On the 2nd of February 1968, Amal Mitra, a young Advocate, made an application in the Court of the Chief Presidency Magistrate at Calcutta complaining that the said novel 'Prajapati' "contains matters which are obscene and both the accused persons have, sold, distributed, printed and exhibited the same which has the tendency to corrupt the morals of those in whose hands the said 'Sarodiya Desh' may fall and the reading public as well" and "both the accused persons have committed an offence punishable under S. 292, Indian Penal Code (I.P.C, for short) and under S. 292 read with S. 109, I.P.C.

(3.) On the basis of the said complaint and after compliance with the necessary formalities, a criminal case being case No. 353/68 against both the accused persons was started and the said criminal case was disposed of by the then Chief Presidency Magistrate of Calcutta by his judgment dated 11th February, 1968. The learned Chief Presidency Magistrate for reasons recorded in the judgment held:-