LAWS(PAT)-2009-8-90

AND RAVI DAYAL @ RAVISHWAR DAYAL, REPORTER, TIMES OF INDIA Vs. STATE OF BIHAR AND BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS INDUSTRIAL PROMOTION OFFICER MR.DEVENDRA PRASAD

Decided On August 18, 2009
And Ravi Dayal @ Ravishwar Dayal, Reporter, Times Of India Appellant
V/S
State Of Bihar And Bihar Industrial Area Development Authority Through Its Industrial Promotion Officer Mr.Devendra Prasad Respondents

JUDGEMENT

(1.) BOTH these applications have been taken up together as the complainant in both the cases happen to be the same Bihar Industrial Area Development Authority (hereinafter referred to as "the BIADA") and the petitioners are offices of News daily, "Times of India" and the issues involved relates to publication of certain news items in the said News Daily in respect of the inaction of the Authority and having been heard together are being disposed of by this common order.

(2.) The petitioners of Cr. Misc. No. 49987 of 2007 are Resident Editor, Assistant Resident Editor and Reporter of the news paper, Times of India, along with others have been impleaded as accused in Complaint Case No. 1968(M) of 2007 and have prayed for the quashing of the entire prosecution arising out of the same case including the order dated 26.6.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offences under Sections 500, 501, 502, 109 and 120B I.P.C. as also Section 14 of the Press and Registration of Books Act, 1867 (hereinafter referred to as "the Act").

(3.) IN Cr. Misc. No. 50002 of 2007, the petitioner is the Correspondent of the News Daily, Times of India, who has been arrayed as the sole accused in Complaint Case No. 1854 (M) of 2007 and he has prayed for the quashing of the order dated 18.6.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offences under Sections 499 and 500. I.P.C. and Section 14 of the Press and Registration of Books Act, 1867.