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2009 Supreme(All) 3149

B.N.SHUKLA, SAROJ BALA, S.K.JAIN
ANIL KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
D.K. Srivastava, K.C. Shukla, S.N. Shukla for the Applicant; Jaideep Mathur, Addl. Adv. General, J.N. Mathur, Addl. Adv. General, Desh Ratan Chaudhary, A.G.A., Vimlendu Tripathi for the Opposite Parties.

JUDGMENT

By the Court.—By these petitions under Section 96 of the Code of Criminal Procedure, 1973 (In short the ‘Code’) Notification No. 1232 P/vi-Pu-6-2008-6(Vividh)/2008 dated May 5, 2008 issued by the Government of Uttar Pradesh under sub-section (1) of Section 95 of the Code ordering the forfeiture of the book titled ‘Jatiraj’ penned by Shri Laxmi Kant Shukla, is under challenge.

2. Heard Shri Satya Narayan Shukla and Shri K.C. Shukla, learned counsel for the petitioners, Shri J.N. Mathur, learned Additional Advocate General appearing on behalf of the respondents and have perused the material on record.

3. The petitioners are Secretary of ‘Meydha’ a registered society and publisher of the book titled Jatiraj and readers of the said book written by Laxmi Kant Shukla, a P.C.S. Officer. The book was published in December 2006. On May 5, 2008 the Government of Uttar Pradesh, the respondent made an order under Section 95 of the Code forfeiting the book captioned ‘Jatiraj’.

4. The petitioners have challenged the impugned order of forfeiture on the grounds (i) there was complete non-application of mind; (ii) it is vague to the extent as what was considered objectionable has not been i
































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