P K SOMANATH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks to quash the complaint filed by the police against him for offence u/ss. 3,4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986, hereinafter referred to as 'the Act' and S.292A IPC.

(2.) Petitioner is the Printer and Publisher of a Cinema Magazine by name, 'Love'. The issue of that magazine dated 15-11-1988 contained photographs which is depicted as indecent representation of women. On getting information of that publication, Sub Inspector of Police searched the premises of first accused and seized two issues of the magazine, 'Love'. Now it is alleged that the petitioner has committed the offences mentioned earlier in publishing that issue of 'Love'. The contentions raised by the petitioner for quashing the charge are that the publication does not offend S.292A IPC or S.3, 4 and 6 of the Act. He has also raised a contention that the action taken by the Sub Inspector of Police in making the search and seizure under the Act is illegal and incompetent. Prosecution initiated on the basis of the illegal search and seizure should not be allowed to proceed with.

(3.) Learned Advocate General appearing in the case submitted that this court is not to interfere with the complaint at this stage in exercise of the powers under S.482 of the Code. Prosecution has not let in its evidence. The complaint, according to the learned Advocate General, brings out prima facie offence under S.292A IPC and u/ss. 3, 4 and 6 of the Act. When such is the factual position, this Court is not to interfere with the proceedings before the Trial Court in exercise of the powers under S.482 of the Code of Criminal Procedure.