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1978 Supreme(Pat) 185

MANORANJAN PRASAD
Radha Kishna Sinha And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application under Sec. 482 of the Cr. P. C, 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 Sec. 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 petitioners and the above named Rameshwar Prasad, besides two others, under Sec. 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 illess since 1973 and, as such, the publication work was 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 pub









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