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SUNIL KUMAR SINHA
Babban Prasad Mishra – Appellant
Versus
P. S. Diwan – Respondent


Advocates:
Counsel for the parties :
For the Applicant :Shri B.D. Guru, Advocate.
For the Responder No. 1 : None.
For the respondent: Shri D.K. Gwalre, Panel Lawyer.

ORDER

Sunil Kumar Sinha, J.— Whether the advertisement (contained in Annexure-A) amounts to indecent representation of women as defined under The Indecent Representation of Women (Prohibition) Act 1986, is a question for consideration in this petition?

2.The brief facts are that an advertisement was published in Daily Navbharat, Hindi Edition, Raipur, on 24th April 1996 which relates to some oil and Capsul shown to be useful to strengthen the nerves. Their names are shown as Kama Sutra Tel and Kam Sutra Capsul. The names of the stockists/medical stores at Raipur, Durg, Bhilai and Rajnandgaon are also published. On one side of the publication, a half size standing photograph of a woman is shown taken in lap of a man from side pose. This was taken as an offending depiction by the complainant/respondent no. 1 herein, who filed a criminal complaint in the court of Judicial Magistrate First Class, Dhamtari, Distt. Raipur (M.P), now Chhattisgarh, u/s 3/6 of The Indecent Representation of Women (Prohibition) Act 1986 (hereinafter referred to as the Act). The Magistrate took cognizance in the matter and after registration of the case under the aforementioned provisions of the Act, issued n

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