In the High Court of Jharkhand at Ranchi
Cr. M. P. No.1890 of 2011
Chandan Kumar MIshra.............................Petitioner VERSUS
State of Jharkhand and another...............Opposite Parties CORAM: HON'BLE MR.JUSTICE R.R.PRASAD
For the Petitioner: Mr.Indrajit Sinha
For the State : A.P.P
2/ 10.07.2012. Learned counsel appearing for the petitioner submits that two allegations which have been made in the first information report are contradictory to each other. Moreover, no offence is made out either under Section 420 or 468 or 471of the Indian Penal Code even if entire allegations made in the F.I R are accepted tobe true. At the same time, if the second part of the allegation made in the first information report is accepted tobe true, even the offence under the Copy Right Act would not be attracted, still the court below has taken cognizance under Sections 420, 468, 469 of the Indian Penal Code as well as Section 63 of the Copy Right Act and hence, the order taking cognizance is fit to be set aside.
Since it would be open for the petitioner to raise all these points which have been taken in this application at the time of discharge, I am not inclined to interfere with the order taking cognizance. With the aforesaid observation, this application stands disposed of. ( R.R.Prasad, J.)