V NARAYANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner invokes the inherent powers of this Court under S. 482, Cr. P.C. for quashing the proceedings in Cr. No. 376/98 of Saifabad Police Station, Hyderabad.

(2.) The facts that lead to filing of the complaint and registering of a Crime can be succinctly stated as follows : The petitioner is a practising Advocate and Organizing Secretary of Organization for the Protection of Democratic Rights (OPDR). The organization is said to be fighting for the protection of democratic rights and defence of Human Rights through constitutional means since 1975. The said organization is member of All India Federation of Organization for Democratic Rights (AIFOFDR). After the Nuclear Tests at Pokhra in Rajasthan several intellectuals voiced their protest and a call was given by AIFOFDR to conduct State level convention to build public opinion against Nuclear Test and Weapons and Wards on various Sections of Society. The petitioner's organization is said to have convened a State level meeting on 9-8-1998 against the Nuclear Weapons and to bring about total disarmamentation through out the world. It appears necessary permission was granted by the police for organizing the rally pamphlets are said to have been pasted. The police are said to have registered a case in Cr. No. 376/98 for the offence u/S. 3 of the A. P. Prevention Disfigurement of Open Place and Prohibition of Obscene and Objectionable Posters and Advertisement Act, 1997 (Act No. 28/97) (for short 'the Act'). The said registering of a case by Police is being impugned by the petitioner stating that it does not constitute an offence u/S. 3 of the said Act and it is covered by Explanation u/S. 2 of the said Act. The learned Public Prosecutor contends that it is an objectionable advertisement.

(3.) Before adverting to the contention of the learned counsel for the petitioner, it is necessary to have a glance at Section 3 and S. 2(e) of the Act. Section 3 of the Act reads as follows : Penalty for Disfigurement by Objectionable Advertisements :- Whoever affixed to or inscribes or exhibits on any place open to public view any objectionable advertisement, shall be punished with imprisonment or either description for a term which may extend to one year or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees or with both. Section 2(e) reads as follows :