Case Facts:
Patna High Court CR. WJC No.1084 of 2011 (2) dt.17-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1084 of 2011 ====================================================== Pappu Tiwari @ Randhir Tiwari .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-08-2012 The petitioner Pappu Tiwary @ Randhir Tiwary together with eight others have been made accused in Akbarpur P.S.Case No.173 of 2011 dated 01.09.2011 registered for the offence under [STATUTE] . The daughter of the informant who is the victim of the case was subsequently recovered in course of investigation and produced before the Magistrate for recording her statement under Section 164 of the Code of Criminal Procedure. In her statement, she has supported the prosecution case. The prayer made in the writ petition is to quash the aforesaid FIR instituted against the petitioner and eight others. In my view, the writ petition is nothing but an abuse of the process of the court. The prayer made is totally misconceived. The FIR discloses the commission of a serious cognizable offence. The writ petition being devoid of any merit, is dismissed. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 292

Statute Text:
Section 292 of the Indian Penal Code. Sale, etc., of obscene books, etc. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Whoever: sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.