KILLI KRUPARANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner is accused of offence punishable under Section 4 of the A.P. Prevention of Disfigurement of Open places and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997 (in short 'the Act') in CC No.47 of 2009 on the file of Judicial Magistrate of the First Class, Narasannapeta.

(2.) THE petitioner contested as a candidate for No.19 Srikakulam Parliamentary Constituency during the elections of the year 2009. It is stated that the petitioner was the successful candidate in that election.

(3.) FROM the language employed in Section 4 of the Act, penal liability is attached to the person, who affixed or inscribes or exhibits any advertisement etc., and not to any others. In any elections particularly general allegations, several political parties contest the elections and some of their workers may paste posters containing photos and names of state and national leaders whether alive or no more. That will not clothe the police with right to prosecute those persons whose photos or names appeared in the posters in case those leaders are alive. I have absolutely no doubt in my mind that the prosecution launched in this case against the petitioner is sheer abuse of process of law.