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Judgment
Jayarama Chouta, J.—In this criminal original petition filed u/s 482 of the Code of Criminal Procedure, the Petitioners who are accused 1 to 15 have requested this Court to call for the records in STR No. 2913 of 1992 on the file of the Judicial Magistrate, No. V, Salem and quash the proceedings.
A complaint has been filed by the Respondent against the Petitioners for an offence punishable u/s 12 of the Press and Registration of Books Act, 1867. The allegations in the complaint are that on behalf of the trust "Ramalinga Swamigal Madalayam" the Petitioners to celebrate the 168th Birthday function of Arulprakasa Vallalar on 5-10-1991 at Ammapet, Salem, they printed and the published pamphlets without mentioning the name of the Printer and Publisher and hence, they are liable for an offence punishable u/s 12 of the Act. On the basis of the said complaint, the Magistrate, took cognizance and issued summons to the Petitioners to appear before the Court to meet the allegations. The said proceedings is the subject matter of this Criminal Original Petition for quashing.
The main ground raised in this petition is that the allegations do not make out an offence punishable u/s 12 of the Act. Section 12 of the Act is a penal Section, whereas the offence is one u/s 3 of the said Act. Section 3 of the Act reads as follows:
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.
Book'' is defined as follows:
Book includes every volume part or division of a volume, and pamphlet in any language and every sheet of music, map, chart or plan separately printed.
Further, ''paper'' is defined as follows:" a paper means and document including a newspaper other than a book.
The main contention of the Petitioners is that it is only an invitation and neither a book nor a paper and that being so, the Petitioners have not committed an offence u/s 3 of the Act which is punishable u/s 12 of the said Act.
Heard the learned advocate for the Respondent. He contended that even though it is styled as invitation, it is the paper and if it is a paper, then it attracts the provisions of Section 3 of the Act which is punishable u/s 12 of the Act. I am of the opinion that it is only an invitation. It will not fall within the purview of book or paper and if it does not fall within the category then, it will not be an offence u/s 3 which is punishable u/s 12 of the Act.
Hence, of the reasons stated above, I am of the opinion that no useful purpose will be served by allowing the proceedings to continue before the Court below. Hence, by invoking my inherent power u/s 482 of the Code of Criminal Procedure, this Criminal original petition is allowed and the proceedings pending against the Petitioners in STR No. 2913 of 1992 on the file of the Judicial Magistrate No. V. Salem are quashed.