P.J.Augustine vs State Of Kerala on 23 June, 2009

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Kerala High Court

P.J.Augustine vs State Of Kerala on 23 June, 2009

Bench: M.Sasidharan Nambiar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1549 of 2009()


1. P.J.AUGUSTINE, S/O. JOSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

                For Petitioner  :SRI.T.RAJESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :23/06/2009

 O R D E R
             M.SASIDHARAN NAMBIAR, J.
               ==================
                Crl.M.C. No. 1549 of 2009
               ==================
         Dated this the 23rd day of June, 2009.

                         O R D E R

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. Crl.M.C.No.1549/2009 -2-

2. 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.

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

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."

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 Crl.M.C.No.1549/2009 -3- 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.

M.SASIDHARAN NAMBIAR JUDGE dkr

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