1.FIR filed by Kolkata Police on 2nd September, 1964
I, Sub-Inspector Kalikinkar Das of Detective Department do hereby lodge a report that following up a credible information that an obscene unauthorized Bengali booklet entitled Hungry Generation is in circulation, collected a copy, in which on scrutiny it was found to contain obscene passages in the contributions of different writers. A thorough enquiry to unravel the persons responsible for its publication was undertaken. Enquiry revealed that the said booklet was brought into publication under the joint efforts of the undernoted persons who contributed towards the publication of the same by offering articles, poems etc. and also rendering assistance for bringing out the publication in or about August 1964 under the fictitious name of the publishers.
From the facts disclosed above it is clear that the accused persons entered into criminal conspiracy to bring out the aforesaid obscene publication which was found in circulation from August 1964. I, therefore, prefer a charge against the accused persons under Sections 120B and 292 of Indian Penal Code.
Police Station: Jorabagan Subdivision, Bankshal Court, Calcutta.
Name and residence of accused persons:
1) Subo Acharya 2) Pradip Choudhuri 3) Debi Roy 4) Subimal Basak 5) Basudeb Dasgupta 6) Saileswar Ghose 7) Utpalkumar Basu 8) Ramananda Chattopadhyay 9) Malay Roychoudhury 10) Subhas Ghose 11) Samir Roychoudhury.
2. Articles seized by Kolkata Police from Patna residence of Malay Roychoudhury and Samir Roychoudhury’s Parents. Date and hour of search: On 4th September 1964 between 5.45 PM and 8.30 PM.
1) One Bengali booklet titled Hungry Generation 2) One flat file containing several manuscripts i.e. Atmahatya and drama and other short stories and poems in Bengali without title. 3) Two personal diaries of Malay, one in Bengali and another in English. 4) A bundle of Hungry Generation No 10 leaflets. 5) Two flat files containing letters/correspondences addressed to Malay Roychoudhury. 6) 27 booklets under the title A Vehement Criticism of Our Plans. 7) Two blocks with their specimen prints. 8) One English book styled Evergreen Review 9) One booklet in Bengali titled Bijaner Raktamangsha 10) One booklet edited by Pradip Choudhuri called Swakal. 11) Three exercise books containing stories in Bengali. 12) Loose sheets of printed papers containing 20 pages under the heading Itihasher Darshan. 13) One English book titled Sex Love Life. 14) Two booklets titled Unmarga. 15) One Hindi book titled Lahar. 16) One Bengali book titled Byavichar. 17) One manuscript in Bengali viz., Bishakto Futo Chand by Malay Roychoudhury. 18) One manuscript in English without any title. 19) A bundle containing manuscripts from contributors, i.e., Abhishek, Satyriasis, Who is There, Chhabbish Bachar, Snigdha Andharer Dikey, Nishith Din and North Bengal Express. 20) One old Corona [babytype] typewriter machine bearing No L3A00912. 21) Eleven books titled Janowar by Samir Roychoudhury.
3. Court Case: State of West Bengal Vs Malay Roychoudhury ( in the Court of 9th Magistrate. Case No. gr. 579 of 1965)
Charge Sheet against Malay Roychoudhury at Bankshal Court submitted by Kolkata Police on 3rd May 1965.
In August 1964 a printed booklet entitled Hungry Generation published by Samir Roychoudhury was found in circulation at Kolkata. The poetry captioned Prachanda Boidyutik Chhutar ( Stark Electric Jesus ) by Malay Roychoudhury was found obscene and the Director of Public Prosecution, West Bengal being consulted, observed that the book was actionable under Section 292 of Indian Penal Code, and suggested prosecution of Malay Roychoudhury, who is on criminal bail till today the 3rd May 1965, may be prosecuted against under Section 292 IPC.
4. Prosecution witnesses against Malay Roychoudhury to prove the Charge:
1) Tarak Kumar Sen 2) Samir Basu [informer], 3) Utpalkumar Basu. 4) Subhas Ghose [approver]. 5) Saileswar Ghose [approver]. 6) Pabitra Ballabh [ informer]. 7) Pradip Choudhuri. 8) Shakti Chattopadhyay. 9) Sandipan Chattopadhyay. 10) Pashupati Banerjee , Hand-writing Expert. 11) S.M.Barori, Police Sub-Inspector. 12) Amal Mukherjee, Police Sub-Inspector. 13) K.K.Das, Police Sub-Inspector.
5. Defense Witnesses in support of Malay Roychoudhury:
1) Tarun Sanyal. 2) Sunil Gangopadhyay. 3) Jyotirmoy Datta. 4) Satrajit Dutta. 5) Ajay Kumar Halder.
6. Conviction Order dated 28 December 1965 by Presidency Magistrate of Bankshal Court ,Kolkata,Mr. A.K.Mitra.
Case No. Gr 579 of 1965 ( State of West Bengal Versus
Accused is found guilty of the offence punishable under Section 292 of Indian Penal Code, is convicted thereunder and sentenced to pay fine of Rs 200/-, in default simple imprisonment for one month. Copies of the impugned publication seized be destroyed.
Exoneration Order dated 26th July 1967 by Justice T.P.Mukherjee of Kolkata High Court.
Criminal Revision No. 99 0f 1966.
Malay Roychoudhury Versus State of West Bengal
I hold first that the substance of any offence under Section 292 IPC could not have been explained to the petitioner in this case, and secondly, that finding of the learned Magistrate that the petitioner circulated any obscene matter is not based on any evidence whatsoever. This rule accordingly is made absolute. The order of conviction passed on the petitioner is set aside and he is acquitted. Fine, if paid, be refunded.