Judgment

P. JAGANMOHAN REDDY, J.:- This appeal is by special leave directed against the judgment of the Bombay High Court.

2. The Appellant is the author of a short story entitled Shama published in the 1962, Diwali Issue of Rambha, a monthly Marathi Magazine, which story is said to be obscene. Criminal proceedings were, therefore, initiated before the first class Magistrate, Poona by the complainant Bhide under Section 292, Indian Penal Code against the Printer and Publisher accused 1, the writer of the story accused 2 and the selling agent accused 3. The complainant stated that he had read the aforesaid Diwali issue of Rambha and found many articles and pictures in it to be obscene which are calculated to corrupt and deprave the minds of the readers in general and the young readers in particular. The complainant further referred to several other articles in the same issue such as the story of Savitri and certain cartoons but we are not now concerned with these because both the Magistrate as well the High Court did not think that they offended the provisions of Section 292, Indian Penal Code. The Magistrate after an exhaustive consideration did not find the accused guilty of the off