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2006 Supreme(Jhk) 579

D.K.SINHA
AVEEK SARKAR – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
A.K.Sahani, Amita Sarkar, D.K.BHARTI, Nilesh Kumar, RAJESH KUMAR, S.P.Roy

Judgment :

( 1 ) THE petitioners have preferred their petitions under Section 482 Cr. P. C. for the quashing of Kotwali (Ranchi) P. S. Case no. 376 of 2000 as also the order passed by the C. J. M. , Ranchi whereby and whereunder it was directed to issue warrants of arrest against them with further prayer to quash the entire criminal proceeding.

( 2 ) TO re-capitulate, the brief facts of the case are that a Complaint Case No. 572 of 2000 was filed by the Complainant Ram prakash Tiwari, National President of Vishwa hindu Sanatan Dharma Prachar Prasar sewa Trust i. e. the Opposite Party No. 2 in both the petitions herein alleging inter alia that on 8/9/2000 while he was organizing a meeting at Branch Office, Ranchi a copy of the English Daily "the Telegraph", Calcutta edition dated 8/1/2000 was made over to him and on perusing the same he was shocked to see an advertisement of ONIDA tv showing Goddess Durga carrying various models of ONIDA T. V. manufactured by m/s Mirc Electronics Ltd in her hands. It was alleged that by the said advertisement the accused persons of the complaint case jointly and deliberately used Goddess Durga as a model for displaying their product which hurt the c























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