Murzban F. Shroff, M. vs T.C. Gopalakrishnan

G.M. Akbar Ali, J.—The Petition is filed seeking to call for the records in C.C. No. 101 of 2009 on the file of the learned District Munsif-cum-Judicial Magistrate, Kodaikanal and quash the same.

The Respondent has filed a Private Complaint u/s 200, Cr.P.C. for the alleged offence under Sections 292, 292-A & 293, I.P.C. before the learned District Munsif-cum-Judicial Magistrate, Kodaikanal. According to the Complainant, the Petitioner has authored a book by name "Breathless in Bombay" and the same was published in India. According to the Complainant, the book was highly loaded with obscene stories with a view to expose the readers'' mind to impure, lecherous substance. Particularly the chapter "Traffic" between the pages 23 & 58 was basically obscene and the Complainant has extracted certain wordings of the chapter and would state that it has been written clearly with an intention to degrade the woman of India and has been written without any conscience and the author is squarely coming within the purview of the Sections 292, 292-A & 293, I.P.C. by writing obscene stories.

The learned District Munsif-cum-Judicial Magistrate, after taking a sworn in statement from the Complainant, has taken the case on file in C.C No. 101 of 2009. Aggrieved by which, the Petitioner, who is the author of the book, is before this Court.

Mrs. Geetha, the learned Counsel for the Petitioner would submit that the author is a Bombay based acclaimed writer whose books are sold worldwide and he was also nominated twice for Pushcart Prize and has won John Gilgun Fiction Award for the best story of the year and his book has also been shortlisted for Common Wealth Writers'' Prize. The learned Counsel pointed out that the book cannot be said to be an obscene object as contemplated u/s 293, I.P.C. and will also not attract Section 292 or 292-A, I.P.C.