The Delhi High Court has quashed a trial court order summoning the CEO of an American magazine Maxim to face trial for publishing an alleged obscene morphed picture of a woman Rajya Sabha MP in 2006.
The court,however,directed the trial court to issue a fresh summoning order saying “the trial judge has not only failed to record the offence for which he took cognizance but the order is also silent as to in what capacity the petitioner has been summoned.”
Allowing the plea of Piyush Sharma,Chief Executive Officer (CEO) of magazine Maxim,Justice G P Mittal said “the impugned order,therefore,cannot be sustained. The same is accordingly set aside. The case is remanded to the file of Magistrate with the direction to pass a fresh summoning order,if he finds sufficient grounds to take cognizance against the accused person/accused persons as mentioned in the report under Section 173 Cr PC.”
On September 7,2006,the Magistrate had taken cognisance of the chargesheet filed by the police and summoned Sharma to face the trial in the case.
Acting on a complaint filed by the MP,police had registered a case against the magazine and its officers for carrying its Indian edition a picture of MP morphed on to a swimsuit-clad model’s body.
The FIR was registered under various sections of the Indian Penal Code (IPC) as well as the Indecent Representation of Women Prohibition Act in May 2006.