IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3203 of 2008 SUMIT SEN & ANR Versus STATE OF BIHAR & ANR ----------- 4 20.5.2010 Heard counsel for the petitioners and the State. The petitioners pray for quashing the order dated 18.7.2007, passed by the Chief Judicial Magistrate, Patna in Complaint Case No. 2311(M) of 2007 whereby cognizance of offences under sections 499, 500, 501, 502/34 and 120B/34 of the Penal Code as well as under section 14 of Press and Registration of Books Act, 1867 has been taken against the petitioners. The petitioner no.1 is an Editor and petitioner no.2 is Assistant Resident Editor of Times of India House, Patna. The Complainant-Opposite party no.2 is the Bihar Industrial Area Development Authority. Despite valid service of notice, no one appears on behalf of the Opposite party no.2. The Opposite party no.2 filed a complaint on the basis of publication of news item on 16.7.2007 on the fourth page of the Times of India, Patna Edition captioned “Protest against BIADA policy today” wherein it has been stated that the Bihar Udyog Morcha will protest the alleged repressive measures taken by the complainant against sick and closed small scale industry. 2 KHAN Counsel for the petitioners submits that no case of defamation is made out against the petitioners as the publication in question is nothing but in good faith of a statement of one Balraj Kapoor issued through press release. He further submits that similar complaints were also filed by the BIADA against the petitioners in which this court by a detailed order quashed the order taking cognizance on the ground that cognizance was taken without following the due procedure prescribed under section 200 Cr.P.C. In the instant case the complaint was filed on 18.7.2007 and cognizance was taken on the same day i.e. on 18.7.2007. He submits that even assuming the prosecution case to be true, no offence would be made out against the petitioners. The order taking cognizance is bad as it does not conform to the provisions enshrined in section 200 Cr.P.C. This court finds that the order taking cognizance on the basis of similar complaint has been quashed by this court by order dated 18.8.2009 passed in Cr.Misc.No.49987 of 2007 heard analogous with Cr.Misc.No.50002 of 2007. In the circumstances, the impugned order dated 18.7.2007 taking cognizance against the petitioners passed by the Chief Judicial Magistrate, Patna in Complaint Case No.2311(M) of 2007 is quashed. In the result, this application is allowed. (S.P.Singh,J) 3