DEB KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition has been preferred by the above named petitioner against the order dated 24.3.2001 passed by Shri D.K. Singh, J.M. 1st Class, Patna, whereby the prayer made by the petitioner under Section 245 Cr.P.C. for his discharge has been rejected.

(2.) Although, before notices were sent at the admission stage, the O.P. No 2 who happens to be the complainant in Complaint Case No. 356(C)/2000 appeared and argued through the counsel.

(3.) Admittedly, the novel "Lohe Ke Pankh" was written by late Hirnanshu Srivastava who happened to be the father of the complainant OP No. 2. The said novel was published by Gyanpith Private Limited. According to the complainant, from a news item published in daily newspaper "Aaj" on 13.11.1997 he could learn that Doordarshan Kendra, Patna, had approved the proposal of co-accused Girish Ranjan for producing the tele serial under "Commissioned Category" of the said novel "Lohe Ke Pankh". The complainant being sole heir of Himanshu Srivastava, contacted co-accused Girish Ranjan who discloses him that during his life time Himanshu Srivastava had given written permission to him for producing the tele serial on his novel "Lohe Ke Pankh". On belief of statement of Girish Ranjan, the complainant alongwith Girish Ranjan enter into an agreement with the Doordarshan Kendra, Patna, on 11.2.1998 for tele cast of the Serial and the complainant took Rs. 4,200/-. Then from another news item published on 20.6.1999 in "Times of India" the complainant came to know that the said Serial "Lohe Ke Pankh" would be tele cast from Doordarshan Kendra, Patna from 21.6.1999 and that co-accused Girish Ranjan had extended the Serial in six episodes for which the also the complainant had been paid Rs. 20,800/-. But afterwards on 27.6.3999 the complainant came to know from Dr. Ramesh Chandra Pandey that Himanshu Srivastava had not given any permission to Girish Ranjan for producing the tele Serial. Rather, only permission was given to Girish Ranjan to direct the same when the same should be produced by Dr. Ramesh Chandra Pandey. Then the complainant started searching and found letters written by his father Himanshu Srivastava by which only permission was given to Girish Ranjan to direct the Serial and not to produce it. But the said co-accused Girish Ranjan in connivance with the present petitioner who happened to be the Station Director of Doordarshan Kendra, Patna, at the relevant time had entered into such agreement to the detriment of the complainant and on false and frivolous alleged permission a huge amount of the Government have been embezzled by the co-accused persons including the petitioner.