- (1.) HEARD learned counsel appearing for the petitioners, State and learned counsel appearing for the Opposite Party No. 2.
(2.) THIS writ application has been filed under Section 482, Cr PC for quashing the entire criminal proceeding of Complaint Case No. 782 of 2003 including order dated 9.3.2004 under which cognizance of the offence under Section 427 of the Indian Penal Code has been taken by the then learned Judicial Magistrate, Ranchi against these petitioners. The case of the complainant -Ajay Chandra Sinha, the Chief Executive of 'Stem International Limited' a registered Company to which Stem Associate Care is a sister concern, is that Stem Associate Care had introduced a business plan called 'Hexagon Income', which had received wide appreciation in general public and as such business of the company had flourished considerably. In order to give further boost to the growth rate of the business, the complainant arranged to hold a Mega Seminar scheduled to be held on 9th February, 2003, Ranchi for which wide publicity had been made so that the persons interested not only of the State of Bihar and Jharkhand but also from the West Bengal, Orissa, Uttar Pradesh, Chhattisgarh, Madhya Pradesh may participate. But the accused persons in order to feed their fad mischievously published a news item in the Newspaper of Jamshedpur Edition on 7.2.2003 and 9.2.2003 about the call of Bund given by the M.C.C. in the whole Jharkhand but in fact the call of Bund was limited to certain areas of Palamau and Chatra and this was done only to frustrate the programme of Mega Seminar. On account of publication of such false News, the people became fearful, as a result of which attendance of the people at Mega Seminar was quite thin, which affected the growth rate of the business of the Stem Associate, and, thereby, the petitioners committed offence under Section 427 of the Indian Penal Code.
(3.) LEARNED Court below, after holding inquiry found prima facie case under Section 427 of the Indian Penal Code and hence, took cognizance of the said offence against the petitioners vide its order dated 9.3.2004.;