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1999 Supreme(Ker) 230

K.V.SANKARANARAYANAN
Ramesh Krishnan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.V. Sankaranarayanan, J.

Petitioners are accused persons in C.C. No. 47/99 on the file of the Judicial Magistrate of the First Class, Ambalapuzha. It is a case charged by the Sub Inspector of Police, Punnapra alleging an offence under S.292(2)(a) IPC. The allegation is that on 14.7.1998 night, the first accused was seen exhibiting a blue film and accused 2 and 3 were viewing it from the drawing room of 1 st accused 's residence in Ward No. II of Ambalapuzha Panchayat. It is stated that CW. 8, the Sub Inspector of Police got information that the first accused was exhibiting blue films in his residence and conducted a raid in the house. He took into custody the films and the VCP and TV set used for the purpose. The prayer in this petition is to quash the complaint. Itis submitted for the petitioners that the allegations made in the charge sheet do not constitute an offence under S.292 IPC.

2. As seen above, the allegation itself is that the film was exhibited in the residence of the 1st accused. Accused 2 and 3 were the only viewers. In order to constitute an offence under S.292(2)(a) IPC., it must be a case where the obscene object was sold, let on hire, distributed or pu

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