B ROSAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition filed under section 482 Cr.P.C. to quash the proceedings against A-2 in C.C. No. 335 of 1985 on the file of the II Addl. Judicial Ist Class Magistrate, Nellore.

(2.) A-2 was a spectator to a video film exhibited by A-2 and A-42 in a parlour on 1-10-1984 at 11-00 p.m. on suspicion, when police raided the parlour, the film was found to be a blue film of obscene nature. A-2 to A-41 Were the spectators of the film. A-1 was operating the video film while A-42 was the owner of the video parlour. The show was stopped and all the accused, A-1 to A-42 were charge-sheeted, A-1 and A-42 under sections 292, 293 and 294 I.P.C. and A-2 to A-41 under Section 292, 293 and 294 r/w 109 IPC. The allegation is that A-2 to A-41 had abetted the offence.

(3.) The learned counsel Sri Pattabhi, submitted that nowhere it is alleged that the petitioner has either exhibited, or arranged exhibition of the blue-film so as to reflect complicity of the petitioner in the exhibition of the blue film and that at the time of entering the parlour, he was not aware that it was a blue film that was under exhibition and that immediately after he entered into the parlour, the police raided and charge-sheeted him. It is, therefore, contended that the allegations in the charge-sheet do not reflect any complicity of the petitioner for being proceeded against and accordingly the proceedings against him have to be quashed.