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CHANDRA SHEKHAR JHA
Shyamal Kishor @ Dr. Shyamal Kishore @ Shyamal Kishore – Appellant
Versus
State of Bihar – Respondent
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 don
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
The court ruled that allegations under the SC/ST Act and IPC were false and motivated by personal vendetta, emphasizing the need to prevent misuse of legal provisions.
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
The court quashed criminal proceedings as the allegations did not disclose a cognizable offence and were deemed an abuse of process, emphasizing the distinction between civil and criminal disputes.
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