ROMA MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure has prayed for quashing of an order dated 30.9.2000 passed by the Judicial Magistrate, Ist Class, Bhagalpur in Complaint Case No. 454 of 2000. By the said order, learned Magistrate has taken cognizance of offence under Sections 63, 67 & 68 of the Copy Right Act, 1957 and Section 120B of the Indian Penal Code.

(2.) Short fact of the case is that, the Opposite Party No. 2 filed a complaint in the court of learned Chief Judicial Magistrate, Bhagalpur vide Complaint Case No. 454 of 2000 making an allegation against the Petitioner for commission of offence under Sections 120B, 419, 420, 467, 468, 469 & 471 of the Indian Penal Code and Sections 67 & 68 of the Copy Right Act. The complainant disclosed that she had registered herself for Ph.D. research in Bhagalpur University and her subject was "POLITICAL MOBILISATION AND CASTE-CONFLICT IN BIHAR SINCE 1967 TO 1980 - A SURVEY". For the said subject the Petitioner was her guide and under the guidance of the Petitioner the opposite party prepared a thesis, on the basis of which, she conducted research in between 1983 and 1988. The complainant did her work over the subject and she remained in contact with the Petitioner for preparing her research work, which was submitted after its completion in the month of March 1988. In the said thesis, the Petitioner had also given certificate, that the thesis was a record of work done by the complainant herself to the best of her knowledge and the contents of the thesis did not form a basis of award of any degree to anyone else and Petitioner also recommended the complainant as fit and proper person for award of degree of Ph.D. On 25.7.1988, the Petitioner was declared successful in the Ph.D. examination held in the month of July, 1988 by the Controller of Examination, Bhagalpur University by way of accepting her thesis i.e. "POLITICAL MOBILISATION AND CASTE-CONFLICT IN BIHAR SINCE 1967 TO 1980-A SURVEY". It was further alleged by the complainant, that the subject of thesis became more and more relevant after installation of Janta Party Government at Centre and in Bihar in the year 1989-90. It was alleged that taking advantage of the changed scenario the Petitioner published a book in the year 1992 under the title "CASTE POLARISATION AND POLITICS" describing herself as the author and other accused persons as publisher and printer. Thereafter, the accused persons marketed the book and earned a lot.

(3.) It was further disclosed by the complainant, that after completing her research work and getting Ph.D. degree she permanently settled at Calcutta, West Bengal with her husband. In the second week of April, 2000, the complainant visited Bhagalpur and during said stay she learnt about the book published by the Petitioner. After obtaining a copy of the book she came to know that the book was virtually copied from the thesis of the complainant herself and as such, the complaint was filed by the complainant. After conducting enquiry, the learned Magistrate by its order dated 30.9.2000, took cognizance of offence under Section 120B of the Indian Penal Code and Sections 63, 67 & 68 of the Copy Right Act.