VIJAYKUMAR THAKUR Vs. PROF. MAHESH PRASAD SINGH

JUDGEMENT

(1.) Both the above applications arise out of the same matter and have been heard together and as such they are being disposed of by this common judgment.

(2.) Vijay Kumar Thakur, Lecturer in post graduate department of History, Patna University, is the petitioner in Cr. Misc. No. 8437 of 1986 and Shyam Bihari Singh and Rajiva Nandan Prasad, both retired University Professor and Head of the Departments of History, Magadh University, Bodh Gaya are petitioners in Cr. Misc. No. 9013 of 1986. The petitioners in both the applications have challenged the order, dated 26-5-1986 passed by Chief Judicial Magistrate, Patna in complaint case No. 267(C) 1989 taking cognizance under Sections 465, 468, 469 and 471 of the Indian Penal Code.

(3.) Shorn of all the details, the complainants case is that he is the Joint Convenor of Bihar Young Historian Group, an organisation for fighting for academic freedom and for preservation of the reputation of the leading Historians of the nation. Late Dr. K.K. Dutta was a leading and eminent Historian of this country and was also known as reputed Historian all over the world. He wrote book known as "Biography of Kuer Singh and Amar Singh" which was published by K.P. Jaishwal Research Institute. The aforesaid book was widely appreciated by the all reputed Historians. The said book was reprinted by the aforesaid Institute in the year 1984 at that time when Shri P.N. Ojha was the officiating Director of the Institute and in reprint of the said book Die name of its author Dr. K.K. Dutta was deleted and in his place the name of Sri P.N. Ojha, officiating Director of the Institute, was printed in the middle of the cover page of the book giving an impression that he (P.N. Ojha) was author of the book. Even in the preface of the book nothing was stated about the authorship of the book. The aforesaid action of Sri P.N. Ojha led to protest by the Young Historian Group and its members and others. The question were also raised at the floor of the Assembly with regard to the aforesaid misdeed done by Sri P.N. Ojha.