STATE OF MYSORE Vs. YAMANAPPA SIDDAPPA ARABHAVI

JUDGEMENT

(1.) In this case the First Addl. Sessions Judge, Belgaum, has made a reference under S.438 CrlPC to set aside the order passed by the Judicial Magistrate, First class, Gokak, dt.22-11-971 in CC.No.1954|71, by which the Magistrate on the complaint of one Yamanappa Siddappa Arabhavi, President, Gokak Girani Rashtriya Mazadoor Sangh, against the accused who was the General Manager of the Gokak Mills Ltd. Gokak, took cognizance of the offence under Ss.3 and 4, punishable under Ss.12 and 13 of the Press and Registration of Books Act, 1867, (Act XXV of 1867) hereinafter referred to as the Act' and issued process against the accused.

(2.) The case of the complainant was that the Gokak Mills owned a printing press. The accused being the General Manager of the Mills was in charge and control of the press. Pamphlets were printed and distributed without bearing the name of the printer and publisher, place of printing and publication. The accused had not made any declaration before the District Magistrate as required under S. 4 of the Act.

(3.) The only question raised by this revision is whether the complainant as a common informer is entitled to complain against the accused for taking action under Sections 12 and 13 of the Act.