Aveek Sarkar & Anr. Vs. State of West Bengal & Ors.
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Head Note
Indian Penal Code,1860 - Section 292
Representation of Woman (Prohibition) Act, 1986 - Section 4 - A German magazine by name "STERN" having worldwide circulation published an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark - Skinned fiancée by name Barbara Feltus, a film actress, which was photographed by none other than her father. The article states that, in an interview, both Boris Becker and Barbaba Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large, for posing to such a photograph. Article picturises Boris Becker as a strident protester of the pernicious practice of "Apartheid". Further, it was stated that the purpose of the photograph was also to signify that love champions over hatred - "Sports World", a widely circulated magazine published in India reproduced the article and the photograph as cover story - Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second page of the newspaper - Complaint filed held that no offence has been committed under Section 292 IPC and then the question whether it falls in the first part of Section 79 IPC has become academic - 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 - High Court should have exercised powers under Section 482 Cr.P.C. to secure the ends of justice.
Topic(s)-Quashing of complaint - Obscene photographs – Quashed