...Amarendra Nath Sen, J.— Samaresh Bose, the first appellant, is a well-known writer of Bengali novels and stories. He is the author of a novel which under the caption...printer and publisher of a very important magazine like ‘Desh’.The novel in question has been found to be obscene and as such Accused 1 — Shri Samaresh Bose cannot....For the reasons stated above, though Accused 1 — Shri Samaresh Bose is a powerful writer, I cannot but strike down the impugned novel, after declaring the same as...

...:“12. … The standards of contemporary society in India are also fast changing.”The abovementioned principle has been reiterated in Samaresh Bose v. Amal...publication was the public good, the jury should acquit.”17. Later, this Court in Samaresh Bose (1985) 4 SCC 289, referring to the Bengali novel Prajapati written by...Samaresh Bose, observed as follows:“35. … We are not satisfied on reading the book that it could be considered to be obscene. Reference to kissing, description of the body and the...

...relied on Samaresh Bose v. Amal Mitra (1985) 4 SCC 289, 1985 INSC 205 where it was held that the regard must be given to contemporary morals and...Samaresh Bose v. Amal Mitra12 and Bobby Art International v. Om Pal Singh Hoon13, learned senior counsel has...." 18. In Samaresh Bose (supra), which has been relied on by the appellants, this Court differentiated vulgarity from obscenity. The material in question in this case was a Bengali novel...

...fact the main arguments were addressed only in Samaresh Chandra Bose v. District Magistrate, (WP No. 216 of 1972), the arguments of this case having been adopted in the other two cases. We would..., therefore, refer to the facts in WP No. 216 of 1972.2. Samaresh Chandra Bose who is employed as a Supervisor of Alloy Steel Plant, Durgapur was, according to the common case...two others, while others fled away. On search one knife and a cycle chain was recovered from possession of Samaresh Bose. Your act was intended to cow down the police and your political opponents by...

..., Raghuleela Arcade, IT Park, Secto The Branch Manager, PRESENT ADDRESS - Union Bank, Raiganj Branch, P.O. & P.S.: Raig Samaresh Bose, PRESENT ADDRESS - Vill...

...AIR 1986 SC 967 in the matter of “Samaresh Bose v. Amal Mitra”. He also placed reliance on the ruling reported in AIR 1970 SC 1390 in...any for his own consideration and satisfaction to enable the Court to discharge the duty of making a proper assessment.”12. In the ruling of Samaresh Bose, reference of the judgment...appellants, covers under the provisions of section 292 of the ipc. In view of the observations of the Apex Court in the matter of Samaresh Bose (supra), I do not think it appropriate to discuss the...

...examining the context of the reference.26. This position was later clarified in Samaresh Bose v. Amal Mitra (1985) 4 SCC...

...Samaresh Bose v. Amal Mitra, reported in AIR 1986 SC 967, has made distinction between the word “vulgarity” and “obscenity”. For purpose of reference, the relevant paragraphs of Samaresh...further in Samaresh Bose (supra) that:“……. The concept of obscenity would differ from country to country depending on the standards of morals of contemporary society. What is considered as a...thought aroused in their minds. The charge of obscenity must, therefore, be judged from this aspect.”17. It has been culled out by the apex court in Samaresh Bose (supra) as under...

...Samaresh Bose and Another v. Amal Mitra and Another, (1985) 4 SCC 289 (5). This time the book in question was a novel styled...of Section 292 IPC. As observed by the Supreme Court in Samaresh Bose: —“A vulgar writing is not necessarily obscene. Vulgarity arouses a feeling of disgust and...that in the book “Prajapati” which their Lordships were concerned in Samaresh Bose had references to kissing and narrations in slang and vulgar language of various affairs and episodes with emphasis...

...fatal thing”.66. In Samaresh Bose v. Amal Mitra (1985) 4 SCC 289...would be depending on the finding, whether the novel is obscene or not.67. A two-Judge Bench in Samaresh Bose case...context, the Court proceeded to state thus: (Samaresh Bose case (1985) 4 SCC 289 , 1985 SCC...

...Samaresh Bose v. Amal Mitra, (1985) 4 SCC 289 : AIR 1986 SC 967, the...

...thing. Nothing succeeds like excess.’ ”19. In Samaresh Bose v. Amal Mitra (1985) 4 SCC 289 this...

...referred to Samaresh Bose v. Amal Mitra (1985) 4 SCC 289 this Court observed that:“The decision of the court must...thoughts aroused in their minds. The charge of obscenity must, therefore, be judged from this aspect.”60. In Samaresh Bose v. Amal Mitra...has to be performed by courts and as a last resort by the Supreme Court and, therefore, the evidence of men of literature or others on the question of obscenity is not relevant. However, in Samaresh...

...Ticket Inspector/ CTI/ II/NJP, under Senior DCM/KIR at NJP, Katihar Division, N.F. Railway, residing at Shanti Bhawan, Milanpy, Samaresh Bose Sarani, Post 11 Office & Police Station - Siiguri...

...Samaresh Bose v. Amal Mitra (1985) 4 SCC 289 also had observed that if a reference to sex by itself is considered to be obscene and not fit to be read by adolescents...

...relied on Samaresh Bose v. Amal Mitra (1985) 4 SCC 289, 1985 INSC 205 where it was held that the regard must be given to contemporary morals and...Samaresh Bose v. Amal Mitra12 and Bobby Art International v. Om Pal Singh Hoon13, learned senior counsel...." 18. In Samaresh Bose (supra), which has been relied on by the appellants, this Court differentiated vulgarity from obscenity. The material in question in this case was a Bengali novel...

...Samaresh Bose v. Amal Mitra (1985) 4 SCC 289 by laying emphasis on contemporary social values and general attitude of ordinary reader. Again in 2010, the principle of....” 18. Later, this Court in Samaresh Bose (supra), referring to the Bengali novel “Prajapati” written by Samaresh Bose, observed as follows...

...Samaresh Bose and another v. Amal Mitra and another, AIR 1986 S.C 967, the court...evidence of men of literature or others on the question of obscenity is not relevant. However, in Samaresh Bose v. Amal Mitra this Court observed: (SCC p. 314, para 29)In...

...Samaresh Bose v. Amal Mitra, AIR 1986, read the book by placing himself in the position of PW 6 and came to the finding...