Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of the Constitution of India has been filed by two petitioners, namely, Dr. (Mrs.) Shayesta Khan and Abid Raza Badar, assailing orders dated 26.10.1999 and 21.9.2002 passed by Judicial Magistrate, Rampur in Case No. 422 of 2002 for summoning petitioners under Section 63 of Indian Copy Right Act, 1957 (hereinafter referred to as the “Act, 1957”), after rejecting their objections. Petitioners have also challenged order dated 22.5.2003 passed by Sri Lokendra Kumar Rathi, Additional Sessions Judge (Fast Track Court No. 2), Rampur (hereinafter referred to as the “Revisional Court”) dismissing Criminal Revision No. 230 of 2002 and confirming Magistrate’s order dated 26.10.1999 summoning petitioners under Section 63 of Act, 1957 and order dated 21.9.2002, whereby petitioners’ objection and application for recall of summoning order was rejected.

2. Facts giving rise to present petition are that a complaint was filed by Rampur Raza Library Board (hereinafter referred to as the “RRLB”) against petitioners as well as two others, namely, M/s Makhtaba Jamia Limited through its Proprietor/Partner /Authorized Person and Khuda Bux Oriental Public Library, Patna (Bihar) through its Director for proceeding against them under Section 63 of Act, 1957. Complaint case set up was that RRLB is a Body Corporate under Rampur Raza Library Act, 1975 (Central Act No. 22 of 1975) (hereinafter referred to as the “Act, 1975”). It is an old and prestigious institution founded in the year 1974 by then Ruler of Rampur Estate. Library possessed very precious and rare collections of manuscripts, documents, paintings, specimens of calligraphy, printed books in various languages such as Urdu, Hindi, Arbic, Persian, Sanskrit, Turkish and Tamil etc. RRLB possessed all rights to publish and print any work available in Library or to develop the same by virtue of Rampur Raza Library Anurakshan Rules, 1987 (hereinafter referred to as the “Rules, 1987”).

3. Accused-1, i.e., petitioner-1, published a book named, “Ferhist-E-Farsi” from Persian Manuscripts available in Library alleging that same was communicated by Accused-2 in the name of publisher-accused-4. In respect of aforesaid Manuscripts, Rampur Raza Library is the first owner and without seeking its permission, publication of work from said Manuscripts amounts to violation of Act, 1957.

4. Judicial Magistrate recorded statement of Sri W.H. Siddiqui as representative of RRLB under Section 200 Cr.P.C. and also statement of Abu Sad Ilahi under Section 202 Cr.P.C. and thereafter summoned Accused-1 and 3, (petitioners before this Court) vide order dated 26.10.1999 for being tried under Section 63 of Act, 1957 read with Section 120B IPC and complaint was rejected against Accused-2 and 4.

5. Petitioners then filed objections against summoning order dated 26.10.1999 and requested for its recall, which has been rejected by Judicial Magistrate vide order dated 21.9.2002 and revision preferred thereagainst has been dismissed by Revisional Court vide order dated 22.5.2003.

6. Sri V.M. Zaidi, learned Senior Advocate appearing for petitioners, contended that petitioners have no role in publication of aforesaid Manuscripts/work. There is no evidence to show any knowledge of petitioners in regard of aforesaid publication. There is no resolution passed by Board so as to authorize RRLB to file complaint and further that publication was done by Khuda Bux Oriental Public Library, Patna (Bihar) out of its own funds and there is no implication of petitioners in the matter at all.

7. Most of the arguments raised by learned counsel for petitioners are basically advanced which are yet to be examined by Trial Court since petitioners are yet to appear and place their defence before Court below. At this stage it cannot be lost sight that petitioners have come to this Court challenging only summoning order passed by Judicial Magistrate and, therefore, scope of judicial revi