SANJIB BOSE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, who are Owner-cum-Publishers of Bharti Bhawan Publishers and Distributors (hereinafter referred to as Bharti Bhawan, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, for quashing of the order dated 10.2.1998 passed in Complaint Case No. 725 of 1994, Trial No. 141 of 1998/1211 of 1998 passed by Chief Judicial Magistrate, Madhubani. Petitioners have also prayed for quashing of the entire criminal prosecution arising out of the aforesaid complaint case. By the order dated 10.2.1998, learned Chief Judicial Magistrate, Madhubani had taken cognizance for the offence under Section 500 of the Indian Penal Code and transferred the case to Shri A.K. Mishra, Judicial Magistrate, Ist Class, Madhubani for its disposal. He also passed an order for issuance of summons for securing attendance of the accused persons.

(2.) In the complaint petition, it was alleged that with a view to defame the complainant, without conducting any enquiry, an information was given to the Officer-in-charge, Madhubani Police Station through the agent of the Bharti Bhawan. It was alleged in the report given to the police that Sajjan Pustak Bhandar, Madhubani was indulged in selling forged and fictitious books in the name of Bharti Bhawan. The complainant claims to be Proprietor of the aforesaid books shop namely Sajjan Pustak Bhandar. It was further alleged in the complaint petition that after receiving the information, the police conducted raid in the shop of the complainant. However, during search, no incriminating books/articles were recovered. On these grounds, it was alleged by the complainant that the reputation of the complainant and his shop was denigrated due to illegal action taken on behalf of the petitioners/Bharti Bhawan.

(3.) The alleged occurrence had taken place some time in the month of September,1994 and immediately thereafter, the complainant filed the complaint case vide Complaint Petition No. 725 of 1994 on 3.10.1994. Thereafter, on 5.10.1994, the complainant was examined on solemn affirmation and finally the learned Chief Judicial Magistrate by its order dated 10.2.1998 took cognizance for the offence under Section 500 of the Indian Penal Code.