HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.140 OF 2008 DATE:17-06-2010 BETWEEN Mannam Mastan Rao …Petitioner AND The State of A.P., Rep. by Public Prosecutor, Hyderabad. …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.140 OF 2008 ORDER: The petitioner who is the editor and publisher of Eenati Kalam, a monthly magazine, filed this petition under Section 482 of Code of Criminal Procedure, 1973 to quash the proceedings in C.C.No.806 of 2007 pending on the file of II Additional Munsif Magistrate, Ongole which was taken cognizance for the offences punishable under Sections 3,4,5(1), 5(a) and 5(3) of the Press and Registration of Books Act, 1867 read with Section 157(2) Cr.P.C. According to the petitioner, the alleged charges attract only if publication is made without submitting the declaration and not after cancellation of the declaration. The allegation that the petitioner has changed the printer’s name, though the owner of the printing press died prior to the date of complaint, at some other press and hereby he violated the provisions of the Press and Registration of Books Act, 1867 is factually incorrect. According to him, even if the same is true, it is only a technical latch, but not an act inviting penal provisions. The press is closed and though the magazine is not printed in the said press, the petitioner is alleged to have been showing the printer’s name in the newspaper as Rudraveena Printers and is publishing the magazine. Thus, the allegations made in the complaint does not disclose the offence to attract the provisions under Sections 3,4,5(1), 5(a) and 5(3) of the Press and Registration of Books Act, 1867. Prima facie, the allegations made in the charge sheet disclose the offences under the sections with which the petitioner was charged. At this stage, I am not inclined to deal with the contentions raised by the petitioner. However, the petitioner is at liberty to file a discharge application before the Court below by taking the grounds that are now raised before this Court and seek to discharge him from the said charges. I see no grounds to quash the impugned proceedings at this stage. Accordingly, the Criminal Petition is dismissed. _______________ A. GOPAL REDDY, J. JUNE 17, 2010 Tsr.