The judgment established the importance of considering the standards of morals and contemporary society in determining obscenity, and emphasized the need for judges to assess the possible influence of a publication on the minds of readers of every age group.

Petitioner seeks to quash the complaint filed by the police against him for offence under Sections 3, 4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986, hereinafter referred to as 'the Act' and S. 292-A, IPC.

2. Petitioner is the Printer and Publisher of a Cinema Magazine by name, 'Love'. The issue of that magazine dated 15-11-1988 contained photographs which is depicted as indecent representation of women. On getting information of that publication, Sub-Inspector of Police searched the premises of first accused and seized two issues of the magazine, 'Love'. Now it is alleged that the petitioner has committed the offences mentioned earlier in publishing that issue of 'Love'. The contentions raised by the petitioner for quashing the charge are that the publication does not offend S. 292-A, IPC or Sections 3, 4 and 6 of the Act. He has also raised a contention that the action taken by the Sub-Inspector of Police in making the search and seizure under the Act is illegal and incompetent. Prosecution initiated on the basis of the illegal search and seizure should not be allowed to proceed with.

3. Learned Advocate-General appearing in the case submitted that this court is not to interfere with the complaint at this stage in exercise of the powers under Section 482 of the Code. Prosecution has not let in its evidence. The complaint, according to the learned Advocate General, brings out prima facie offence under Section 292-A, IPC and under Sections 3, 4 and 6 of the Act. When such is the factual position, this court is not to interfere with the proceedings before the trial court in exercise of the powers under Section 482 of the Code of Criminal Procedure.

4. In a case of this nature the question that arises for consideration is whether the publication is obscene under Section 292-A, IPC or whether it contains indecent representation of women as coming within the purview of the Act. These issues are to be decided by the court. No oral evidence is necessary to decide whether the publication offends the law or not. The question whether the magazine, 'Love', printed and-published by the petitioner is obscene or not is not to depend on the oral evidence. Nor is the publication to be compared with other or similar periodicals. It is the duty of the court to ascertain whether the magazine offends the provision of S. 292-A or those in the Act. The verdict as to whether the book or article or photographs printed therein, considered as a whole, panders to the prurient and is obscene must be judged by the Court (Vide Kakodkar, C. K. v. State of Maharashtra, AIR 1970 SC 1390 : (1970 Cri LJ 1273). I think it is the duty of the court to examine the magazine and see whether it offends S. 292-A, IPC or any of the provisions in the Act. For considering that question, it is not necessary for this court to examine or compare the impugned publication with reference to any other magazines, books or story. The issue to be decided does not depend on oral evidence. The court is to adjudicate on it, on the basis of well established notions of decency and morality. This being the legal position, on such examination if this court comes to the conclusion that the publication does not offend any of the provisions mentioned earlier, the complaint is to be quashed, for the prosecution if allowed to proceed with will amount to a waste of judicial time and an abuse of process of court. The High Court's power under S. 482 of the Code in dealing with the complaints of such nature was considered by the Supreme Court in Madhavrao v. Sambhajirao AIR 1988 SC 709 : (1988 Cri LJ 853). Their Lordships observed :

"The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to he applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular