Chandra Shekhar Jha, J.—Heard learned counsel appearing on behalf of the parties.

2. The present application has been filed for quashing the order dated 04.11.2023 passed by learned Additional Chief Judicial Magistrate-I, Patna in Complaint Case No. 6168 of 2022, whereby and whereunder after examining the complainant on S.A. and one enquiry witness took cognizance for the offences under Sections 403 and 405 of the Indian Penal Code and Sections 51 and 63 of Copyright Act, 1957 against the petitioner.

3. Prosecution case, in brief, is that one Braj Bhushan Sharma/O.P. No. 2 lodged a written complaint before Chief Judicial Magistrate, Patna alleging therein, inter alia, seeking prosecution and conviction under Sections 51 and 63 of the Copyright Act, 1957 and Sections 403, 406 and 420 of the Indian Penal Code for committing offences of infringing copyright of the complainant, unlawful printing, publishing and selling the research work of the complainant without his permission and thus by caused huge financial loss and damaging reputation of the complainant.

4. Complainant is the Principal of S.B.R. College, Bhatgaon, P.S. Barh, District -Patna. It is alleged that the complainant has done research work on “Maharshi Patanjali Ka Yog Manovigyan aur Iski Vartmaan Prasangikata Ek Darshnik Anushilan” and has submitted his thesis on the above-mentioned topic for the degree of “Doctor of Philosophy” (in short PH.D.) in the faculty of Humanities in the month of July 2007. His thesis on the topic was approved and accepted and complainant was admitted to the Degree and the Certificate to that effect which was issued by Hon'ble Vice Chancellor of Magadh University on 14th August, 2008. Complainant was shocked and surprised after going through the book authored by petitioner, namely “Patanjali Yog Manovigyan”, published by Nand Kishore Singh, Janki Prakashan, Ashok Rajpath, Chauhatta, Patna-4 that above-mentioned book authored by petitioner contains the same materials, combinations of words and letters which was of the complainant's research work/"Thesis" upon which the complainant was awarded with the Doctor of Philosophy by the Magadh University. Referring to the page numbers complainant alleges that those are copied by the accused/ (petitioner) namely, Dr. Shyamal Kishore and has been published by co-accused Nand Kishore. It is further alleged that there are many paragraphs to the thesis which has been copied and printed in the book which will be provided to the court later on. The complainant issued notice to petitioner on 22.11.2021 and sent to the accused through speed post on 23.11.2021, which was received by him but was never replied.

5. On the basis of the aforesaid written complaint, Complaint Case No. 6168 of 2022 was registered and thereafter, the complainant was examined on S.A., one enquiry witness was also examined and thereafter, the learned A.C.J.M- I, Patna took cognizance of the offences under Sections 403 and 405 of the Indian Penal Code and Sections 51 and 63 of the Copyright Act, 1957 against petitioner through impugned order as mentioned above.

6. Mr. Rama Kant Sharma, learned senior counsel appearing for the petitioner while arguing on behalf of the petitioner submitted that the present complaint petition is a classical example of malicious prosecution, which was brought only with ulterior and oblique motive as to check/prevent the promotion of petitioner for higher post in the college/university. Mr. Sharma while explaining the factual aspect of this case submitted that the petitioner and complainant were working together in same university, where the complainant was the Principal of S.B.R. College, Bhatgaon, P.S. Barh, District- Patna, and the petitioner was the Associate Professor of TPS College, Patna. It is pointed out that association of petitioner with complainant is an admitted position, where complainant himself admitted that this petitioner helped him while writing his thesis by providing valuable contents/input.