PROMILLA KAPUR Vs. YASH PAL BHASIN

JUDGEMENT

(1.) This petition has been broht under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') seeking quashment of proceedings pending in the court of Shri R. K. Yadav, Metropolitan Magistrate, in a complaint G filed by respondent No. 1-Shri Yashpal Bhasin, Advocate, against the petitioner and others under Sections 292 and 293 of the Indian Penal Code (for short Indian Penal Code ').

(2.) At the outset I may mention that in spite of the complainant being served in this petition a number of times, the complainant never came- forward to oppose the petition. In order to seek assistance in thrashing out the legal question involved in this petition, I requested Mr. Maninder Singh, Advocate, to act as Amicus Curiae on behalf of the complainant and he very kindly agreed and I must express my gratitude to him for advancing elaborate arguments in the matter.

(3.) It has been averred in the complaint that the complainant had purchased a book titled The Indian Call Girls' from Bhatia Novels & Stationers, 3-New Market, West Patel Nagar, New Delhi and on reading, the said book he found that the book contained matters offensive to' chastity, decency and the book tends (J to deprave and corrupt the minds of the persons who are likely to read this book. No particulars were mentioned in the complaint as to what portions of the book were obscene. Even in his statement the complainant did not mention any such particular except generally deposing that the book contains filthy and foul language and reading the book provokes lustful feelings in the mind of the reader and thus, the same is obscene. So, a crucial question which arose for decision before the Magistrate before directing issuance of summons to the accused was whether the said book contained obscene matter.