BABBAN PRASAD MISHRA Vs. P S DIWAN

JUDGEMENT

(1.) Whether the advertisement (contained in Annexure-A) amounts to indecent representation of women as defined under The Indecent Representation of Women (Prohibition) Act 1986, is a question for consideration in this petition ?

(2.) The brief facts are that an advertisement was published in Daily Navbharat, Hindi Edition, Raipur, on 24th April 1996 which relates to some oil and capsule shown to be useful to strengthen the nerves. Their names are shown as Kama Sutra Tel and Kam Sutra Capsule. The names of the stockiest/medical stores at Raipur, Durg, Bhilai and Rajnandgaon are also published. On one side of the publication, a half size standing photograph of a woman is shown taken in lap of a man from side pose. This was taken as an offending depiction by the complainant/respondent No. 1 herein, who Tiled a criminal complaint in the Court of Judicial Magistrate First Class, Dhamtari, Distt. Raipur (M.P.), now Chhattisgarh, under S. 3/6 of The Indecent Representation of Women (Prohibition) Act 1986 (hereinafter referred to as the Act). The Magistrate took cognizance in the matter and after registration of the case under the aforementioned provisions of the Act, issued notices to the petitioner who is Editor, Publisher and Printer of the aforesaid Newspaper. The petitioner appeared before the trial Court, filed his bail bond and simultaneously he also filed this petition u/S. 482 of the Cr. P.C. for quashment of the. proceedings of said Criminal Case No. 701 /1996 pending in the Court of Judicial Magistrate, First Class, Dhamtari.

(3.) Shri B. D. Guru, learned counsel appeared for the petitioner and Shri D. K. Gwalre, learned P. L. appeared for the State. However, no one appeared for respondent No. 1 though served. I have heard learned counsel for the parties at length.