DIPANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Chattarjee, Advocate for the applicant and Shri Dhote, A. P. P. , for the Respondent.

(2.) THIS petition is filed under Section 482 of Code of Criminal Procedure (for short Code) for quashing the criminal prosecution against the applicants inter alia first information report dated 17/01/1997 in Crime No. 2 of 1997 and for setting aside the order passed by the 9th Judicial Magistrate First Class, Nagpur, who refused to stop the proceedings under Section 258 of Code.

(3.) MR. Chattarji, the learned counsel for the applicants contended that the applicants are well-famed Astrologers and Astro-Palmists and have made a name in the said profession. The applicants Nos. 1 to 3 are Astrologers and Astro-palmist, applicant No. 4 runs a business of Gems under the name and style of Ratnamela. The applicants Nos. 5 and 6 are the servants of applicant No. 4. The applicants visited Nagpur in between 14-1-1997 and 18-1-1997 and took up residence and office at Sahakar Mandir Hall, Rana Pratap Nagar, Nagpur. The purpose of the visit of the applicants was to practice the profession of Astrology and Astro-palmistry and only for helping the citizens and sorting out their problems. It is contended that the applicants had distributed pamphlets and they had filed an application to the P. S. O,. Ranapratap Nagar, Nagpur dated 13-1-1997 and obtained permission for advertising about astrological meet during the aforesaid period.