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2014 (2) TMI 1432 - SC - Indian LawsNude photography appeared in the Anandabazar Patrika, as well as in the Sports World - seeking censuring of obscene photographs - HELD THAT:-It is to be appreciated that the photograph and the article in the light of the message it wants to convey, that is to eradicate the evil of racism and apartheid in the society and to promote love and marriage between white skinned man and a black skinned woman. When viewed in that angle, we are not prepared to say that the picture or the article which was reproduced by Sports World and the Anandabazar Patrika be said to be objectionable so as to initiate proceedings under Section 292 Indian Penal Code or under Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. It is found that no offence has been committed under Section 292 Indian Penal Code and then the question whether it falls in the first part of Section 79 Indian Penal Code has become academic. We are sorry to note that the learned Magistrate, without proper application of mind or appreciation of background in which the photograph has been shown, proposed to initiate prosecution proceedings against the Appellants. Learned Magistrate should have exercised his wisdom on the basis of judicial precedents in the event of which he would not have ordered the Appellants to face the trial. The High Court, in our view, should have exercised powers under Section 482 Code of Criminal Procedure to secure the ends of justice. The criminal proceedings initiated against the Appellants set aside - appeal allowed.
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