L. MANICKA MUDALIAR Vs. K.V. ANNAMALAI

JUDGEMENT

(1.) IN this criminal original petition filed under Section 482 of the Code of Criminal Procedure, the Petitioners who are accused 1 to 15 have requested this Court to call for the records in STR No. 2913 of 1992 on the file of the Judicial Magistrate, No. V, Salem and quash the proceedings.

(2.) A complaint has been filed by the Respondent against the Petitioners for an offence punishable under Section 12 of the Press and Registration of Books Act, 1867. The allegations in the complaint are that on behalf of the trust "Ramalinga Swamigal Madalayam" the Petitioners to celebrate the 168th Birthday function of Arulprakasa Vallalar on 5 -10 -1991 at Ammapet, Salem, they printed and the published pamphlets without mentioning the name of the Printer and Publisher and hence, they are liable for an offence punishable under Section 12 of the Act. On the basis of the said complaint, the Magistrate, took cognizance and issued summons to the Petitioners to appear before the Court to meet the allegations. The said proceedings is the subject matter of this Criminal Original Petition for quashing.

(3.) HEARD the learned advocate for the Respondent. He contended that even though it is styled as invitation, it is the paper and if it is a paper, then it attracts the provisions of Section 3 of the Act which is punishable under Section 12 of the Act. I am of the opinion that it is only an invitation. It will not fall within the purview of book or paper and if it does not fall within the category then, it will not be an offence under Section 3 which is punishable under Section 12 of the Act.