DEEPANKAR CHOWDARI Vs. STATE OF KARANATAKA

JUDGEMENT

(1.) THE petitioners/accused in c. C. No. 717/2006 on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore, for the offence punishable under Section 292 of the Indian Penal Code, are before this Court, praying for quashing the proceedings in C. C. No. 717/2006.

(2.) THE brief facts of the case leading to the filing of the petition under Section 482 of Cr. P. C. may be stated as under : it is the case of the prosecution that the petitioners/accused No. 1 to 3 are the students of Acharya Polytechnic Engineering College, bangalore. The accused Nos. 1 and 2 are tenants residing at No. 415, Ranganatha Nilaya, 19th Main, 6th Cross, behind M. E. I. Layout at Bangalore. On information, sub-inspector of Peenya police raided the residence of the petitioners on 30-11-2005 at 11. 30 a. m. and found the accused were watching obscene film in the computer of accused No. 1. The Police seized the computer and 3-C Ds. After investigation, the investigating officer laid charge-sheet against the petitioners/accused for the offence punishable under Section 292 of IPC. It is the case of the petitioners that they have not committed the offence alleged against them and they have prayed for quashing the proceedings in C. C. No. 717/2006 on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore.

(3.) THE learned counsel for petitioners submitted that the complainant himself has investigated the case and laid charge-sheet and therefore charge-sheet is not sustainable in law. It is further contended that the petitioners/accused are not involved in the process of production, distribution and exhibition of obscene film; and private viewing of the same by the petitioners at their residence in personal computer does not constitute an offence punishable under S. 292 of IPC. Further, the act of the Police infringes the right of privacy and right to personal liberty as enshrined in article 21 of the Constitution of India.