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2018 Supreme(Ker) 596

P.UBAID
Suresh – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Ranjith Narayanan & S.K. Saju, Adv.
For the Respondent: B. Jayasurya, Adv.

ORDER :

The revision petitioners herein challenge the conviction and sentence against them in C.C.No.397 of 2004 of the Judicial First Class Magistrate Court, Pattambi. The first revision petitioner is the Manager of a Film Exhibitor, and the second revision petitioner is his operator. On the basis of some secret information, the Sub Inspector of Police, Pattambi, conducted a search at the theater by name “Mathilakam Cine Movies” at Pattambi, at about 12 noon on 07.02.2002, while the film, “Mayangunnamanassu” was being exhibited there. Finding some obscene and nude scenes being exhibited as part of the film, the Sub Inspector stopped the film exhibition there, and he seized the objectionable part of the film interpolated into the main film. The objectionable film seized by him was produced in court. After investigation, the police submitted final report against the two accused under S.292(2)(a) of the Indian Penal Code, and under S.7(a)(i) and (ii) of the Cinematograph Act (for short “the Act”) before the Judicial First Class Magistrate Court, Pattambi.

2. The two accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution













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