ASHA IRANI Vs. KIRAN BHATNAGAR

JUDGEMENT

(1.) HEARD Shri Saraogi for the petitioner, and Shri Deshpande, APP for Respondent No.4-State. Respondent No.1 is duly served. Respondents Nos. 2 & 3 deleted.

(2.) CERTAIN photographs of the petitioner were taken by Respondents Nos.2 and 3, now deleted, and those came to be published in Annual Issue of Book-lets of Fantasy and in that behalf petitioner filed complaint before Metropolitan Magistrate, for misusing the photographs, alleging that those photographs were taken for private purpose and were not intended to be published in any magazine. Thereafter, Respondent No.1 filed complaint before the Metropolitan Magistrate, 44th Court, Andheri, Mumbai alleging that the photographs published are obscene and offence under section 292 of the I.P.C. has been committed by the petitioner and Respondent Nos.2 &

(3.) ACCORDINGLY , petition is disposed of. Shri Saraogi submits that the petitioner is unable to attend the Court of Metropolitan Magistrate on all dates and she should be granted exemption in that behalf. In regard to this prayer, it is open to the petitioner to approach the Magistrate and apply for grant of exemption under section 205 of the Cri.Procedure Code and the Magistrate may consider the same on merit and no direction by this Court is necessary. Accordingly, petition is disposed of. Certified copy expedited.