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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10548 of 2018 CNR No. BRHC010946512018 Arising Out of PS. Case No.-2259 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ======================================================

M/s Juggernaut Books Pvt. Ltd a company registered under the provisions of the Indian Company Act having its office at 4^th Floor, 118, KS House, Shahpur Jat, New Delhi-110049 through Its Managing Director, Ms. Rudrani Sarkar Daughter of Sri Aveek Sarkar, C/o 4th Floor, 118, KS House, Shahpur Jat P.S.- Lodhi Road, New Delhi- 110049.

... ... Petitioner/s Versus

1. State Of Bihar

2. Amit Kumar, S/o Sh Raghuvansh Narayan Singh, Gangabrij Colony, Quarter No. C/51, Hajipur, P.S.- Industrial Area, District- Vaishali.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ashish Giri, Sr. Adv.

Mr. Sumit Kumar Jha, Adv.

Mr. Pranav Kumar, Adv.

For the State : Mr. Ramchandra Sahani, APP For Opposite Party No. 2: None appears ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

CAV JUDGMENT

Date : 03-11-2026 Heard the parties.

2. The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the orders dated 07-10-2017 and 09-10-2017 passed by the learned Additional Chief Judicial Magistrate-II, Hajipur, Vaishali in Complaint Case No. 2259(C) of 2017, whereby cognizance has been taken against the petitioner for the offences punishable under Sections 295-A, 500, 501 and 502 of the Indian Penal Code and summons have been directed to be issued.

FACTS OF THE CASE:

3. The petitioner is a company incorporated under the provisions of the Companies Act and is engaged in the business of publishing books. The present prosecution arises out of a complaint filed by opposite party no. 2, namely, Amit Kumar, before the learned Chief Judicial Magistrate, Hajipur, Vaishali, registered as Complaint Case No. 2259(C) of 2017 on

06-9-2017.

4. The complainant has described himself as a follower of Swami Ramdev. It is alleged in the complaint that on 01-9-2017, in the evening, while he was in the market, he noticed a book bearing the photograph of Swami Ramdev, titled “Godman to Tycoon: The Untold Story of Swami Ramdev” (for brevity hereinafter referred to as ‘book’). Since the complainant was a follower of Swami Ramdev, he purchased the book and started reading it after returning home.

5. According to the complainant, upon reading a few pages of the book, he realised that certain aspects relating to Swami Ramdev had been presented in such a manner as to defame him. It has been alleged that the book indirectly made Swami Ramdev responsible for the demise of Guru Shankaranand, Swami Yogananda and Rajiv Dixit. It has been further alleged that Swami Ramdev had been depicted as an illiterate son of a poor farmer and that certain statements concerning his wearing of gerua vastra had hurt the sentiments of the Hindu religion. The complainant also alleged that the book was written with an intention to defame Swami Ramdev and to spread religious frenzy among his followers. It has also been alleged that the contents of the book hurt the sentiments of the numerous followers of Swami Ramdev.

6. Pursuant thereto, the statement of the complainant was recorded on 12-9-2017. Thereafter, two other witnesses, namely, Prakash Kumar Mishra and Abhishek Kumar, were examined on 15-9-2017 and 18-9-2017 respectively. By order dated 07-10-2017, the learned Magistrate took cognizance of the offences punishable under Sections 495- A, 500, 501 and 502 of the Indian Penal Code. Subsequently, by order dated 09-10-2017, the provision of Section 495-A was substituted by Section 295-A of the Indian Penal Code, treating the earlier reference to Section 495-A as a typographical error. The proceedings were accordingly directed to continue for the offences under Sec