Dismissed

P.J. Augustine v. State of Kerala

Kerala HC23 Jun 2009Crl.MC/1549/2009

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a criminal miscellaneous petition seeking to quash a charge sheet under Section 482 CrPC. The court held that the absence of the printer's name on posters published by a committee violated the mandatory requirements of Section 3 of the Press and Registration of Books Act, 1967.

What did the court decide?

Petition to quash the charge sheet dismissed; petitioner directed to raise contentions at trial.

P.J. Augustine Vs State of Kerala — Writ and Judicial Review | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931

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Crl.MC.No. 1549 of 2009

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---------------------------------(TO QUASH THE CHARGE SHEET IN CRIME NO. 153/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, N. PARAVOR)

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PETITIONER: -------------------

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P.J.AUGUSTINE, S/O. JOSEPH, AGED 70, PALAMATTOM HOUSE, CHAMBAKKARA.

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BY ADV. MR.T.RAJESH.

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RESPONDENT:

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----------------------

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR.

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BY PUBLIC PROSECUTOR MR. AMJAD ALI.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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M.SASIDHARAN NAMBIAR, J.

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==================

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Crl.M.C. No. 1549 of 2009

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==================

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Dated this the 23^rd day of June, 2009.

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O R D E R

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This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure I final report submitted by the Police under Section 173(2) of Code of Criminal Procedure. Prosecution case is that petitioners committed offences under Section 153 read with Section 34 of Indian Penal Code and Section 3 read with Section 12 of Press and Registration of Books Act, 1967. It is alleged that posters containing defamatory allegations were printed at XL Printers, being run in room No.7/316 of Varapuzha Panchayat, which were seized and the posters do not contain the name of the printer and therefore offences under Section 153 read with Section 34 of Indian Penal Code and Section 3 read with Section 12 of of Press and Registration of Books Act are committed.

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Crl.M.C.No.1549/2009

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-2-

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The case of the petitioner is that the printer is Kerala Congress (J) Paravoor Niyojakamandalam Committee and therefore no offence is committed. The argument of the learned counsel appearing for the petitioner is that the printer of the notice is Kerala Congress (J) Paravoor Niyojakamandalam Committee and Section 3 does not mandate that the name of the press is to be shown in the poster and therefore no offence under Section 3 of Press and Registration of Books Act is attracted.

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Section 3 of Press and Registration of Books Act, 1967 reads:-

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3. Particulars to be printed on books and paper.- Every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and if the book or paper be published the name of the publisher and the place of publication.”

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It is clear from Section 3 that every book or paper shall have printed on it the name of the printer and in case it is to be published, the name of the publisher and the place of

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Crl.M.C.No.1549/2009

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-3-

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publication. The name printed in the poster is only that of Kerala Congress (J) Paravoor Niyojakamandalam Committee. The printer could only be the press or the person who printed the poster. The name of the printer, is thus not shown in violation of the provisions of Section 3. Therefore when the notice prima facie shows that there is violation of the mandatory provisions of Section 3, it cannot be said that the case is to be quashed at the threshold. Petitioner is entitled to raise all the contentions at the time of trial. Petition is dismissed.

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M.SASIDHARAN NAMBIAR JUDGE

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dkr

P.J. Augustine v. State of Kerala

Case brief

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P.J. Augustine v. State of Kerala

Case brief

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