LAWS(PAT)-2016-9-31

ABHAY SINHA @ ABHAY KR. SINHA SON OF LATE R.R.P. SINHA PRODUCER BIDESHIYA BHOJPURI FILM Vs. THE STATE OF BIHAR

Decided On September 22, 2016
Abhay Sinha @ Abhay Kr. Sinha Son Of Late R.R.P. Sinha Producer Bideshiya Bhojpuri Film Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Sri Neeraj Kumar, learned counsel for the petitioners and Sri Madan Kumar, learned Additional Public Prosecutor.

(2.) Earlier, notice was issued to the complainant/opposite party no. 2 Subsequently, it was reported by process server that complainant/opposite party no. 2 has already died.

(3.) Two petitioners who are producer and director - cum-writer of Bideshiya Bhojpuri film have approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) with a prayer to quash an order dated 8.3.2013 passed by learned Judicial Magistrate , 1st Class, Saran (hereinafter referred to as Magistrate ) in Complaint Case No. 778 of 2012. By the said order the learned Magistrate has taken cognizance of offence under Sections 379, 405, 418, 468, 467, 471, 501, 502/ 34 of the Indian Penal Code and Section 63 of the Copy Right Act, 1957.