1. This is a reference taken on the basis of a request for reference made by the Sessions Judge, Ernakulam, under Section 395 of the Criminal Procedure Code.

2. Crime No.180/2006 of Munambam police station was registered against the accused, alleging offences under Section 292 of the Indian Penal Code and Section 3(1)(b) of Young Persons (Harmful Publication) Act, 1956 and Section 51 read with Section 63 and 68 A of Copy Right Act.

3. The case of the prosecution in that case was that on 29.07.2006, at about 7.15 p.m., the police party detected the accused displaying the CDs containing obscene pictures and also displaying spurious CDs of different films, violating the provisions of Copy Rights Act and the same was intended for either sale or for hire. This was displayed in his shop with name “Toms CDs” at Angadi Bhagam, Pallipuram Village. After investigation, final report was filed before the Judicial First Class Magistrate Court-I, North Paravur, and it was taken on the file by that court and the the learned magistrate has taken cognizance of the case as C.C.No.658/2006. Later after the establishment of Special Court under Section 25 of the Commission of Protection of Child Right Act, 2005, the magistrate took the view that, he lost jurisdiction to proceed with the case and so committed the case to the court of Sessions as per order in C.P.No.150/2010. When this was received by the learned Sessions Judge, Ernakulam, the learned Sessions Judge thought that the committal order passed by the court below was not proper and that will not come under the purview of Section 25 of Commission of Protection for Child Right Act, 2005, as no child is involved in the case and wanted the interference of this court to quash the committal order and direct the magistrate to proceed with the trial of the case. Hence this reference. Notice was sent to the accused but he remained absent.

4. Heard the learned Public Prosecutor as well.

5. It is seen from the letter of reference sent by the Sessions Court that, the case was detected by the Sub Inspector of Police, Munambam Police Station, and a crime was registered as Crime No.180/2006 against the accused, alleging offences under Section 292 of the Indian Penal Code and Section 3(1)(b) of Young Persons (Harmful Publication) Act, 1956 and Section 51 read with Section 63 and 51 read with Section 68(A) of Copy Rights Act.

6. The allegation of the prosecution was that, on 29.07.2006 at about 7.15 p.m, the police party found that the accused was displaying CDs containing obscene pictures and some fake CDs of different films for the purpose of sale or rent in his shop, named 'Toms CDs' at Angadi Bhagam in Pallipuram Village, in violation of the provisions of the Copy Right Act and the act of the accused will amount to impure thoughts of youths and tend to commit sexual offences and thereby he had committed the offence punishable under Section 292 of the Indian Penal Code and Section 3(1)(b) of the Young Persons (Harmful Publication) Act, 1956 and Section 51 read with Section 63 and 51 read with Section 68A of the Copy Rights Act. After investigation, the investigating officer submitted final report before the Judicial First Class Magistrate Court-I, North Paravur. The learned magistrate had originally taken cognizance of the case as C.C.No.658/2006. While the case was pending before that court, when the Principle Sessions Courts have been designated as Special Courts to try the offences, affecting children and their rights under Section 25 of the Commission for Protection of Child Right Act, 2005, the magistrate thought that, this will fall under that category and committed the case to the Court of Sessions as per order in C.P.No.150/2010 dated 05.04.2011.

7. Section 2(a) of Young Persons (Harmful Publication) Act, 1956 defines harmful publication means:

“(a) “harmful publication” means any book, magazine, pamphlet, leaflet, newspaper or other like publication which consists of stories told with the a