RADHA KISHAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973, is for quashing the order dated the 21st February, 1977, passed by Shri L. Narayan, Chief Judicial Magistrate, Patna, in Complaint Case no. 429 (C) of 1976 taking cognizance against the two petitioners and one Rameshwar Prasad, Proprietor, Law Printers, Patna, under section 63 of the Copyright Act, 1957 (hereinafter referred to as "the Act").

(2.) On the 28th July, 1976, the opposite party no. 2 had filed a complaint petition in the court of the Chief Judicial Magistrate, Patna, against the two petitioner and the above named Rameshwar Prasad, besides two others, under section 63 of the Act. The case of the complainant was that he was the son and the legal representative of C. P. Malhotra, Proprietor, M/s. Malhotra Bros., Fraser Road, Patna, which deals in the business of law and reference books publication. The said C. P. Malhotra was confined to bed because of his protracted illness since 1973 and, as such, the publication work as being solely managed and done by the complainant for M/s. Malhotra Bros. C. P. Malhotra is the original publisher of the compilation work "the Bihar Service Code", which was for the first time published in the year 1957 in two parts. The latest eighth edition of the Bihar Service Code was printed and compiled in two different designs which were published simultaneously on the 25th May, 1976, in which the complainant by exerting his own labour and skill got cited or enumerated the comments by K. K. Malhotra, Chief Editor, Bihar Revenue and Labour Journal, on the different sections and provisions in a most suitable and impressive way so as to produce easy grasp and undertaking of the interpretations in the minds of the readers. The complainant also got inserted summarised case-laws in his own language and manner after minute studies of the authorities cited in different journals for its compilation. The compilation work and its arrangements and the citation of commentaries done by K. K. Malhotra are the original work of the complainant with regard to the Bihar Service Code which gives origin to the copyright reserved by him. The Bihar Service Code, eight edition, was made available in the market in sufficient number and the same was highly appreciated because of the excellent and impressive compilation work and its unique arrangements. Recently, on the 12th July, 1976, the complainant was informed that another publication of the Bihar Service Code under the authorship of petitioner no. 1 was published by his son, petitioner no. 2, the proprietor of the Eastern Law Book Agency, Patna, in which most of the compilation works are reproduction of the original work of Bihar Service Code, eight edition, published by the complainant. The complainant immediately purchased serveral copies of the new Bihar Service Code published by petitioner no. 2, and, on its close scrutiny and perusal, it transpired that it was a complete reproduction of the original Bihar Service Code, eight edition, published by the complainant. The instances of reproduction and similarity with the original work are fully incorporated in Annexure-A which forms part of the complaint petition. The said Bihar Service Code under the authorship of petitioner no. 1 which was published by petitioner no. 2 was printed by the Law Printers, Patna, exclusively run under the sole proprietorship of Rameshwar Prasad. Some other allegations were also made against two other persons which need not be stated hero as no cognizance was taken against them. A prayer was made by the complainant in the complaint petition for taking cognizance of the offence under section 63 of the Act against the two petitioners and the said Rameshwar Prasad and two others who were made accused in the complaint petition.

(3.) After examining the complainant on solemn affirmation and also examining two witnesses on behalf of the complainant and after comparing the complainants publication of the Bihar Service Code, eight edition, with that published by petitioner no. 2 under the authorship of his father, petitioner no. 1 which was printed by the Law Printers, of which Rameshwar Prasad is the proprietor, the learned Chief Judicial Magistrate, by his order dated the 21st July, 1977, took cognizance of the offence under section 63 of that Act against the two petitioners and the said Rameshwar Prasad only.