- (1.) 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 21.09.2002 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 22.05.2003 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 21.09.2002, 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.;