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2001 Supreme(Pat) 498

P.K.DEB
Deb Kumar Roy – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This revision petition has been preferred by the above named petitioner against the order dated 24-3-2001 passed by Sri D.K. Singh, J.M. 1st Class, Patna, whereby the prayer made by the petitioner under Sec. 245 Cr PC for his discharge has been rejected.

2. Although, before notices were sent at the admission stage the OP No. 2 who happens to be the complainant in Complaint Case No. 356(C)/2000 appeared and argued through the counsel.

3. Admittedly, the novel "Lohe Ke Pankh" was written by late Himanshu Srivastava who happened to be the father of the complainant OP No.2. The said novel was published by Gyanpith Private Limited. According to the complainant from, a news item published in daily newspaper "Aaj" on 13-11-1997 he could learn that Doordarshan Kendra, Patna, had approved the proposal of co-accused Girish Ranjan for producing the tele serial under "Commissioned Category" of the said novel "Lohe Ke Pankh". The complainant being sole heir of Himanshu Srivastava contacted co-accused Girish Ranjan who discloses him that during his life time Himanshu Srivastava had given written permission to him for producing the tele serial on his novel "Lohe Ke Pankh". On belief of












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