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1989 Supreme(Ker) 251

K.SREEDHARAN
P. K. Somanath – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

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

















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