The Madurai Bench of the Madras High court quashed the criminal charges against actors Shilpa Shetty and Reema Sen in connection with the publication of their photographs in an ‘obscene and lascivious’ manner in a Tamil Daily on various dates in 2006. The Judge however directed the trial should continue against the publisher.
In 2006 a criminal case was filed against the actors and the publisher by an Advocate by name Mr.Dakshinamurthy under the provisions of the Indecent Representation of Women (Prohibition) Act and Young Persons (Harmful) Publications Act contending that the Newspaper had published the objectionable photos of these actors describing them as third rate publications which would promote crime against women and create unhealthy social trends.
Taking cognizance of the complaint, the Magistrate had issued summons to all the three, but, since the actors failed to appear before him, followed it up with a Non-bailable Warrant which was pending for execution.
The actors filed an appeal against this in the High Court contending that there was no case against them and hence they should be discharged from the criminal charges.
Accepting their contention, Justice Mr.Nagamuthu had quashed the case against them although he did not appreciate their non-appearance before the Magistrate. He felt they should not have taken the law in their own hands and either should have appeared against the summons or made alternate plea for discharging their personal appearance requirement but did not agree with the contention of the petitioner’s consul that once a Non-bailable Warrant is issued during its pend ency the case cannot be closed.
According the Judge, his decision was based on the fact that when prima facie no evidence is available against the actors of their involvement in the case, justice cannot be denied to them on this frivolous ground.
Since against the publisher prima facie a case persists, he directed that the trial against him should continue.
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