JUDGMENT - Deshmukh, J.

1. The petitioner is requesting this Court to take action against the respondent under Section 3 of the Contempt of Courts Act. The present litigation is an off-shoot of a prior litigation. The facts of that case are not relevant for deciding the present petition, but the background against which the present petition comes to be filed may be noted in brief.

2. The subject-matter of the present petition is an article written by the respondent R.K. Karanjia in his Weekly named "Blitz" in the issue, dated April 20, 1968. The complainant had filed a complaint against the respondent in the Court of the Judicial Magistrate, First Class, Nagpur, under Section 292 of the Indian Penal Code. On the last page 01 the cover page of the issue of Blitz, dated 5th of March 1966, a picture of one Pamela Tiffin appeared which was being styled as obscene by the complainant in his complaint. The respondent defended himself but the case ended in conviction on 28th September 1967. The respondent filed an appeal in the Court of Session and, by his judgment dated February 13, 1968, the learned Sessions Judge accepted the appeal and acquitted the respondent. It also appears that some

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