NAGENDRA RAI, J.

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 1988. 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, 489 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 organization 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"