ORDER
S.R.K. Prasad, J.
1. The petitioner invokes the inherent powers of this Court under Section 482. Cr.P.C. for quashing the proceedings in Cr. No. 376/98 of Saifabad Police Station, Hyderabad.
2. The facts that lead to filing of the complaint and registering of a Crime can be succinctly stated as follows :
The petitioner is a practising Advocate and Organizing Secretary of Organization for the Protection of Democratic Rights (OPDR). The organization is said to be fighting for the protection of democratic rights and defence of Human Rights through constitutional means since 1975. The said organization is member of All India Federation of Organization for Democratic Rights (AIFOFDR). After the Nuclear Tests at Pokhra in Rajasthan several intellectuals voiced their protest and a call was given by AIFOFDR to conduct State level convention to build public opinion against Nuclear Test and Weapons and Wards on various Sections of Society. The petitioner’s organization is said to have convened a State level meeting on 9-8-1998 against the Nuclear Weapons and to bring about total disarmamentation through out the world. It appears necessary permission was granted by the police for organizing the rally pamphlets are said to have been pasted. The police are said to have registered a case in Cr. No. 376/98 for the offence Under Section 3 of the A.P. Prevention Disfigurement of Open Place and Prohibition of Obscene and Objectionable Posters and Advertisement Act, 1997 (Act No. 28/97) (for short “the Act’). The said registering of a case by Police is being impugned by the petitioner stating that it does not constitute an offence Under Section 3 of the said Act and it is covered by Explanation Under Section 2 of the said Act. The learned Public Prosecutor contends that it is an objectionable advertisement.
3. Before adverting to the contention of the learned Counsel for the petitioner, it is necessary to have a glance at Section 3 and Section 2(e) of the Act. ‘
Section 3 of the Act reads as follows :
Penalty for Disfigurement by Objectionable Advertisements :- Whoever affixed to or inscribes Or exhibits on any place open to public View any objectionable advertisement, shall be punished with imprisonment or either description for a term which may extend to one year or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees or with both.
Section 2(e) reads as follows :
(a) to(d)xxxxxxxxxxxxxx
(e) “objectionable advertisement’ means any advertisement :-
(i) Which is likely to incite any person to commit murder, sabotage or any offence involving violence; or
(ii) Which is likely to seduce any member Of the armed forces of the Union or of the Police forces from allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force; or
(iii) Which is likely to incite any Section of the citizens of India to commit an act of violence against any other Section of the citizens of India; or
(iv) Which is deliberately intended to outrage the religious feelings of any Class of the citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that else; or
(v) Which is grossly indecent, or scurrilous or obscene or is intended to blackmail.
Explanation : An advertisement shall not be deemed to be objectionable merely because words or signs or visible representations are used :
(1) expressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means;
(2) criticizing any social or religious practice without malicious intentions and with an honest view to promote social or religious reform or social justice;
A copy of the pamphlet is produced. It is mentioned in the pamphlet as follows :
AIFOFDR CALL-OPDR ORGANISE
STATE CONVENTION
For
TOTAL NUCLEAR DISARMAMENT
PROGRAMME/INVITATION
FORE-NOON SESSION : 10-30 A.M. TO 1-30 P.M.
1. Fight for Total Nuclear Disarmament….C. Bhaskara Rao, Gen. Secretary, OPDR
2. Pokhran Tests – Political and Enomic Dimensions…. Prof. Prabal Dasgupta, Hyderabad
3. Atom Bomb – A disaster to Environment…. Prof. Udaya Bhaskar Reddy, Vizag.
Another pamplet namely Convention Against Nuclear Weapons is also produced. A copy of permission given by police to take rally is also produced. It is clear from Section that it prohibits affixation or inscribing or exhibiting on any place open to public view with any objectionable advertisement. Obviously, Section 2(e) defines about ‘objectionable advertisement’ and explanation to Section 2(e) mentions the category of cases which do not come under the purview of objectionable advertisement. The intention of the organizers is to enlighten the public about the nuclear disarmament. Therefore, the pamphlet cannot be said to be an objectionable advertisement. The contents of the ‘ complaint do not constitute any offence Under Section 3 r/w. 2(e) of A.P. Prevention Disfigurement of Open Place and Prohibition of Obscene and Objectionable Posters and Advertisement Act, 1997 and it is liable to be quashed.
In the result, this Criminal Petition is allowed and the impugned proceedings in Cr. No. 376/98 of Saifabad Police Station. Hyderabad are quashed.