Sec.BC/on 360 dated 2nd September 1964 under section 292 IPC. Report of enquiry made by the Inspector of Jorabagan Section, Calcutta Police, on the third day of May 1965.
Name of parties :
State of West Bengal
VS
Malay Roychoudhury
son of Ranjit Roychoudhury of Dariapur Mohalla
Police Station Pirbahar, Dist Patna
Nature of complaint and date of institution :
In August 1964 a printed booklet entitled Hungry Generation, published by Samir Roychoudhury was found in circulation in Calcutta. The poem captioned 'Prachanda Baidyutik Chhutar' ( Stark Electric Jesus ) by Malay Roychoudhury was found obscene and director of Public prosecution, West Bengal, being consulted observed that the book was actionable Under Section 292 IPC and suggested prosecution of Malay Roychoudhury with printer and publisher.
Accordingly Jorabagan P.S.case No 360 dated 2nd September 1964 under Section 120B and 292 IPC was instituted and Saileswar Ghosh and Subhas Ghosh who contributed in the book were arrested on 2nd September 1964 from their Calcutta residence and a number of said booklet were recovered from there possession . Malay Roychoudhury was arrested at Patna on 4th September 1964 and on search of his house more copies of the poem in question and a copy of the booklet were found ans seized. Then Samir Roychoudhury named publisher and few other contributores, namely Debi Roy alias Haradhon Dhara and Pradip Choudhuri were also arrested in connection with this case. Samir Roychoudhury disowned the publication and the printer could not be traced despite serious efforts. The opinion of the handwriting expert and oral testimony of the witnesses indicate that Malay Roychoudhury was responsible for the production and circulation of the booklet containing an obscene poem composed by himself. Evidence forthcoming do not establish direct responsibility of other persons.
In view of the above circumstances Malay Roychoudhury, who is on criminal bail till today ( 3rd May 1965 ) may be proceeded against under Section 292 IPC.
Names of witnesses :
Tarak Kumar Sen
Samir Basu ( Police Witness )
Utpalkumar Basu ( Volunteered to be Police Witness )
Subhas Ghosh ( Approver. Volunteered to be Rajsakhshi )
Saileswar Ghosh ( Approver. Volunteered to be Rajsakshi )
Pabitra Ballabh ( Police Witness )
Pradip Choudhuri ( No need to testify )
Shakti Chattopadhyay ( Volunteered to be Police Witness )
Sandipan Chattopadhyay, ( Volunteered to be Police Witness )
Pashupati Banerjee, Handwriting Expert
Sub Inspector S.M.Barui
Sub Inspector Amal Mukherjee
Sub Inspector K.K.Das
Brajendra Prasad Sarma, who was present during search
Ramnath Prasad, who was present during search
Inspector Krishna Kumar Sinha of Pirbahar Police Station
Accused is on court bail till today
K.K.Das
Investigating Officer
A. Choudhury
Inspector of Police
Officer in Charge
Section B
3rd May 1965
( Trial at lower court completed on 28th December 1965 )
Name of parties :
State of West Bengal
VS
Malay Roychoudhury
son of Ranjit Roychoudhury of Dariapur Mohalla
Police Station Pirbahar, Dist Patna
Nature of complaint and date of institution :
In August 1964 a printed booklet entitled Hungry Generation, published by Samir Roychoudhury was found in circulation in Calcutta. The poem captioned 'Prachanda Baidyutik Chhutar' ( Stark Electric Jesus ) by Malay Roychoudhury was found obscene and director of Public prosecution, West Bengal, being consulted observed that the book was actionable Under Section 292 IPC and suggested prosecution of Malay Roychoudhury with printer and publisher.
Accordingly Jorabagan P.S.case No 360 dated 2nd September 1964 under Section 120B and 292 IPC was instituted and Saileswar Ghosh and Subhas Ghosh who contributed in the book were arrested on 2nd September 1964 from their Calcutta residence and a number of said booklet were recovered from there possession . Malay Roychoudhury was arrested at Patna on 4th September 1964 and on search of his house more copies of the poem in question and a copy of the booklet were found ans seized. Then Samir Roychoudhury named publisher and few other contributores, namely Debi Roy alias Haradhon Dhara and Pradip Choudhuri were also arrested in connection with this case. Samir Roychoudhury disowned the publication and the printer could not be traced despite serious efforts. The opinion of the handwriting expert and oral testimony of the witnesses indicate that Malay Roychoudhury was responsible for the production and circulation of the booklet containing an obscene poem composed by himself. Evidence forthcoming do not establish direct responsibility of other persons.
In view of the above circumstances Malay Roychoudhury, who is on criminal bail till today ( 3rd May 1965 ) may be proceeded against under Section 292 IPC.
Names of witnesses :
Tarak Kumar Sen
Samir Basu ( Police Witness )
Utpalkumar Basu ( Volunteered to be Police Witness )
Subhas Ghosh ( Approver. Volunteered to be Rajsakhshi )
Saileswar Ghosh ( Approver. Volunteered to be Rajsakshi )
Pabitra Ballabh ( Police Witness )
Pradip Choudhuri ( No need to testify )
Shakti Chattopadhyay ( Volunteered to be Police Witness )
Sandipan Chattopadhyay, ( Volunteered to be Police Witness )
Pashupati Banerjee, Handwriting Expert
Sub Inspector S.M.Barui
Sub Inspector Amal Mukherjee
Sub Inspector K.K.Das
Brajendra Prasad Sarma, who was present during search
Ramnath Prasad, who was present during search
Inspector Krishna Kumar Sinha of Pirbahar Police Station
Accused is on court bail till today
K.K.Das
Investigating Officer
A. Choudhury
Inspector of Police
Officer in Charge
Section B
3rd May 1965
( Trial at lower court completed on 28th December 1965 )
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