DJ advt Scam of Bihar : nexus between accused persons and officials-ministers

By Shri Krishna Prasad, Advocate

New Delhi : In connection with the criminal Revision case No-188/2013,the opposite party No-02,Raman Kumar Yadav, a Motijheel Area resident of Muzaffarpur in Bihar,has submitted his 'Counter-Affidavit' in the court of the Honourable Additional District and sessions Judge (Muzaffarpur) under the guidance of the senior lawyer,Shri Krishna Prasad on Feb 28.The copy of the 'Counter-Affidavit' has also been handed over to Mr Raghuvir Singh the respected lawyer of the Chief General Manager, Dainik Jagran,Aanand Tripathi and the Associate Editor, Dainik Jagran,Shailendra Dixit the same day.

The Court of the Additional District and Sessions Judge Mr Subodh Kumar Srivastawa has fixed March 07,2014 as the next date for final argument. In the counter -Affidavit, the O.P-02, Raman Kumar Yadav has told the court how the officials and Ministers of the Information and Public Relations Dept,Patna (Bihat) and the Directorate of Advertising and Visual Publicity,Govt. of India, New Delhi (D.A.V.P) have connived with the accused persons of Dainik Jagran publication in a bid to loot the government revenue in crores.

Tirhut Range I.G asks SP (Muzaffarpur) to provide security to Raman Kumar Yadav in the world famous Dainik Jagran Advertisement Scam of Bihar.  The Inspector General of Police (Tirhut Range) Mr.Pankaj Darad, has directed the Police Superintendent of Muzaffarpur in Bihar to provide all security to Mr.Raman Kumar Yadav on all particular dates whenever the hearings in the world famous Dainik Jagran Advertisement Scam take place in different courts at Muzaffarpur in Bihar in future.

In a meeting with the I.G,Tirhut Range,Bihar, Mr.Raman Kumar Yadav has expressed apprehensions about the threats on his life whenever he goes to the Muzaffarpur court on the dates of hearing in the world famous Dainik Jagran Advertisement Scam of Bihar.

And now Dainik Jagran Advertisement Scam :Muzaffarpur court in Bihar will hear the Criminal Reivision Petition of M/S Jagran Publication Limited. on March 07, 2014 next. The Additional District & Sessions Judge of Muzaffarpur in Bihar,Mr.Subodh Kr.Srivastawa will hear the Criminal Revision Petition No. 188/ 2013 of the Chief General Manager of M/S Dainik Jagran Pubication Limited(Patna,Bihar) and the Associate Editor of Dainik Jagran, Shailendra Dixit(Patna,Bihar) on March 07, 2014 next.

Mr.Tripathi and Mr.Dixit have prayed to the Hon’ble Court to set aside the cognizance -order of the court of the First Class Judicial Magistrate(Muzaffarpur,Bihar) Mr.Dipanshu Srivastawa. Named accused persons of this world famous government advertisement scam include :

It is worth mentioning that the court of the First Class Judicial Magistrate(Muzaffarpur,Bihar) Mr.Dipanshu Srivastawa had taken cognizance against (1) Mahendra Mohan Gupta(Chairman cum Managing Director, M/S Jagran Publication Limited, Kanpur,(2)Sanjoy Gupta( C.E.O cum Director, M/S Jagran Publication Limited,Kanpur,(3) Dhirendra Mohan Gupta, (Director,M/S Jagran Publication Limited,Kanpur),(4) Sunil Gupta, (Director, M/S Jagran Publication Limited,Kanpur),(5) Shailesh Gupta ( Director, M/S Jagran Publication Limited,Kanpur), (6)Bharatji Agrawal( Director, M/S Jagran Publication Limited,Kanpur,(7) Kishore Viyani( Director,M/S Jagran Publication Limited,Kanpur,(8) Naresh Mohan(Director,M/S Jagran Publication Limited,Kanpur),(9) R.K.Jhunjhunwala( Director, M/S Jagran Publication Limited,Kanpur,(10) Rashid Mirza( Director,M/S Jagran Publication Limited,Kanpur, (11) Shashidhar Narayan Sinha(Director,M/S Jagran Publication Limited, Kanpur), (12) Vijoy Tandon(Director, M/S Jagran Publication Limited,Kanpur), (13) Vikram Bakhshi( Director, M/S Jagran Publication Limited,Kanpur), (14) Amit Jaisawal( the Company Secretary,M/S Jagran Publication Limited,Kanpur), (15) Aanand Tripathi( General Manager & Printer,M/S Jagran Publication Limited,Patna,Bihar), ( 16) Devendra Roy (the Regional Editor, Dainik Jagran,Muzaffarpur edition,Bihar), & (17) Shailendra Dixit( The News Editor,Dainik Jagran,Patna & Muzaffarpur editions,Bihar) under sections 420/471/ 476 of Indian Penal Code and Sections 8(B), 14 & 15 of the Press & Registration of Books Act, 1867.

Allegations of forgery,cheating and fraud against all the named accused persons:

In the complaint case, bearing No.-2638/2012, filed before the Muzaffarpur court in Bihar, by Mr.Raman Kumar Yadav, Muzaffarpur, all the above named accused persons have been accused of violating the sections 8(B) ,14 & 15 of the Press & Registration of Books Act, 1867 and sections 420,471 & 476 of the Indian Penal Code , printing,publishing and circulating the Muzaffarpur edition/ publication of Dainik Jagran, a popular Hindi daily of M/S Jagran Publication Limited( Kanpur) fraudulently by using the wrong Registration No.-BIHHIN-2000/3097 and getting crores and crores of rupees illegally in the Advertisement-Head after obtaining and printing the government advertisements from the Union Government as well as the State Government by presenting the forged documents of "the Certificate of Registration" before the concerned Advertisement releasing government agencies in India from Apirl, 18, 2005 to June 28, 2012.

The court of Muzaffarpur issued summons to all accused person : The Court of the First Class Judicial Magistrat(Muzaffarpur) Mr.Dipanshu Srivastawa had also issued "summons" to all the seventeen accused persons by registered post, directing them to appear before the court at Muazaffarpur.

The content of the counter-Affidavit, submitted by the O.P.N0-02 Raman Kumar Yadav, is given below in the original for internet users all over the world.

"IN

THE COURT OF ADDITIONAL DISTRICT & SESSIONS JUDGE

Muzaffarpur

Criminal Revision No.188/2013

Ref:- Complaint Case No.-2638/2012

Trial No. 4309/2013

U/S420/471/476 of IPC & 8B /14 & 15 of Press & Registration of Books Act, 1867

Pending in the court of Shri Dipanshu Srivastawa, J.M,Ist Class, Muzaffarpur

1. Aanand Tripathi,Chief General Manager,Dainik Jagran,Kidbaipuri,Patna

2. Shailendra Dixit,Associate Editor,Dainik Jagran,Kidbaipuri,Patna

Petitioners

Versus

1.State of Bihar O.P No.01

2. Raman Kumar Yadav,S/O SriDeoNarayan Yadav,Resident of Pustak Bhawan Safi Daudi Market,Motijheel,P.S.-Town, Dist.- Muzaffarpur, Bihar

O.P No.-02

The Counter-Affidavit on behalf of the O.P.No.02, Raman Kumar Yadav, is filed herewith.

I, Raman Kumar Yadav, S/O Shri Deo Narain Yadav, Resident of Pustak Bhawan Safi Daudi Market,MotiJheel, Town-Sadar, District -Muzaffarpur, Bihar, do hereby solemnly affirm and state as followings:-

1. That I am the Opposite Party No.02 of this Criminal Revision Case No. 188/2013 and am well acquainted with the fact.

2. That The Press & Registration of Books Act, 1867 and The Registration of Newspapers (Central) Rules, 1956 (the amended Act) say that if any new company/management has to print & publish a newspaper, the company /management has to go through all legal processes under the above mentioned acts.Legal procedures are given below:-

At first, the Company/the Management of a new newspaper has to file a Declaration (An Application in the prescribed Form -I for issuance of "the Certificate of Registration" & "the Registration Number.") under section 5(2) of The Press & Registration of Books Act, 1867 before the District Magistrate/The Sub-Divisional Magistrate of the concerned district under whose local jurisdiction such newspaper is going to be printed or published .

3. That The Section 5 of The Press & Registration of Books Act, 1867 has set forth Rules as to the publication of newspapers in details.

And ,the section 5(2) of The Press & Registration of Books Act, 1867 thus says–'

'The Printer and the Publisher of every such newspaper shall appear in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District Magistrate,Presidency Magistrate or Sub-Divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published, and shall make and subscribe, in duplicate in the prescribed printed form ( That is known as 'Form- I' under Chapter "Schedule").

In the Declaration (the form of an Application for issuance of 'The Certificate of Registration' and 'the Registration Number' ) , the Printer and the Publisher of the newspaper give the details of particulars of the proposed printing or publication of a newspaper viz.(1) the title of the newspaper,(2) languages of newspaper in which it is to be published, ( 3 ) periodicity of publication , (4) retail selling price of the newspaper per copy,(5) publisher's name and address,(6) place of printing and name of the printing press where the newspaper is actually printed and the true and precise description of the premises on which the press is installed,(7) place of publication ,(8) Printer's name,(9)owner's names,(10)particulars of the firm,the Joint Stock Company ,the Trust, etc.

( Declaration is a must for only printing or for only publication or for both printing and publication of any newspaper)

4. That after filing the Declaration for printing or publication of a newspaper by the publisher,the District Magistrate / Presidency Magistrate / The Sub-Divisional Magistrate of the area under whose local jurisdiction, the newspaper is going to be printed or published, authenticates it under section 06 of The Press & Registration of Books Act, 1867 after getting ‘clearance’ from the Press Registrar, New Delhi.

Besides, one of the authenticated Declaration originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or other principal Civil Court of original jurisdiction for the place where the said declaration shall have been made. It is also mandatory under Section 06 of the Press & Registration of Books Act, 1867.

5. That the Section 06 of The Press & Registration of Books Act, 1867 thus says,

" Authentication of Declaration: Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made.

DEPOSIT

One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or other principal Civil Court of original jurisdiction for the place where the said declaration shall have been made."

Only then, the Company can start the publication of the newspaper under section 5(2-C) of The Press & Registration of Books Act, 1867.

6. That the Section 5(2-C) of the Press & Registration of Books Act, 1867 thus says,

''A Declaration in respect of a newspaper made under Section 5(2) and authenticated under section 06 shall be necessary before the newspaper can be published."

This is mandatory.

It clearly states that any new newspaper can be published only after fulfilling the legal procedures under sections 5(2) and 06 of the Press & Registration of Books Act,1867, according to the section 5 (2-C) of the Act. So,if the Owner/Publisher of a newspaper does not honour the legal obligations of the sections 5(2) and 06 of the Act,the publication of any such newspaper can be termed as "illegal".

7. That then the District Magistrate/ The Sub-Divisional Magistrate will send the "Authenticated Declaration" (Application) to the Press Registrar,the Ministry of Information & Broadcasting, New Delhi for the issue of 'the Certificate of Registration' and 'the Registration Number' in respect of that newspaper.

And then, the Press Registrar(New Delhi) will issue "the Certificate of Registration" to the publisher of the newspaper under section 19(C) of The Press & Registration of Books Act, 1867 and under section 10(1) of the Registration of Newspapers (Central) Rules, 1956.

8. That The Section 19(C) of The Press & Registration of Books Act, 1867 thus says,

'' Certificates of Registration: On receiving from the Magistrate under section 06, a copy of the declaration in respect of a newspaper and on the publication of such newspaper, the Press Registrar shall, as soon as practicable thereafter, issue ''a Certificate of Registration'' in respect of that newspaper to the publisher thereof."

The section 10(1) of the Registration of Newspapers (Central) Rules, 1956, thus, says :

"Certificate of Registration—(1) Where a publisher makes a declaration before a Magistrate, the Press Registrar shall, as soon as practicable, after receipt of the copy of the declaration, issue to the publisher a certificate of registration in Form V."

Besides, the Press Registrar(New Delhi) will also issue ''the Registration Number'' to the Newspaper under section 7(2) of the amended act' The Registration of Newspapers(Central) rules, 1956.''

9. That the Section 7(2) of the Registration of Newspapers(Central) Rules,1956 thus says,

'' Maintenance of the Register: The pages of The Register shall be numbered consecutively and entries in respect of a newspaper shall start from a fresh page.When particulars, enumerated in Form-1 (Declaration), have been entered in the Register in respect of a newspaper, the Press Registrar shall allot ''a Registration Number'' to that newspaper."

And then,when the company of a newspaper obtains " the Certificate of Registration" and "the Registration Number " from the Press Registrar,New Delhi , the newspaper is termed as a 'Registered Newspaper' .

10. That there is a specific section for an existing newspaper under the Press & Registration of Books Act, 1867.

when the company of any existing newspaper sets up new printing presses at a number of places and starts the printing or publication or both printing & publication of that newspaper at different places of new printing locations, the Company has again to go through all the above mentioned legal processes such as(1) Filing a fresh Declaration(an application in Form-I for issuance of "Certificate of Registration" and "Registration Number") before District Magistrate,(2)Getting the declaration "authenticated" by the concerned District Magistrate, (3) Obtaining ''the Certificate of Registration'' and ''the Registration Number'' from the Press Registrar(New Delhi) under the section 5(3) of The Press & Registration of Books Act,1867 as is done in the case of printing or publicaton or both the printing and publication of a new newspaper.

The Section 5(3) of The Press & Registration of Books Act, 1867 thus says,

''As often as the place of printing or publication is changed, a new declaration shall be necessary.''

It means when the company of the existing newspaper sets up new printing pressess at other places/other locations of printing presses and starts new printing or publications at new places , the existing newspaper has also to go through all the above mentioned legal processes to get the newspaper ‘registered’ from the office of the Press Registrar (New Delhi).

And then, that newspaper is termed as ''a registered newspaper''.

11. That Now, it has become clear that there are great differences between the meanings of the word" Declaration" and the words" Certificate of Registration". "Declaration" that contains the details of the proposed printing or publication or both printing and publication of a new or an existing newspaper, is made in the FORM-1 (Schedule) while " Certificate of Registration" that contains the certificate from the office of the Press Registrar(New Delhi) declaring the newspaper a ‘Registered Newspaper’ ,is made in Form-V.

The petitioners, in their petition at several points, have tried their best to misguide this Hon’ble Court on the plea that they have filed a Declaration before the District Magistrate,Muzaffarpur so they have completed their all legal obligations and are entitled to publish the advertisements of the Union and the Bihar governments.

Your Honour ! Will the police set free a person carrying fire-arms on the plea that he/she has applied for an arms-licence and has not got the ‘Arms-licence’ from the District Magistrate till the time of the arrest ?

12. That I would like to present the legal status of the daily Hindi newspaper Dainik Jagran in the present case.

Dainik Jagran , a Hindi daily newspaper , is printed and published from Kanpur(U.P) (the headquarters of the Media House) and has got the "the Certificate of Registration" and "The Registration No.UPHIN/135145" from the office of the Press Registrar, the Ministry of Information & Broadcasting ,Govt. of India,New Delhi after going through all the legal procedures under sections 5(2),06,5(2-C) and 19 C of the Press & Registration of Books Act, 1867 and Sections 7(2) and 10(1) of the Registration of Newspapers(Central) Rules, 1956.

13. That the company honours the Central Acts in U.P,but violates them in Bihar.The company of the same title newspaper (the existing newspaper)"Dainik Jagran" also started printing,publishing and circulating its news publications/editions from five new and independent printing locations namely Merrut, Gorakhapur, Jhansi, Bareilly and Lucknow in Utter Pradesh respectively.The company that prints,publishes and circulates Dainik Jagran, has accordingly honoured the Central Acts and has got " Separate Certificates of Registration" and " Separate Registration Numbers" from the Press Registrar,New Delhi for all new and separate printings and publications of Dainik Jagran in Utter Pradesh.

But, when the same title newspaper(existing newspaper) Dainik Jagran entered Bihar, set up the new printing location/printing press at Patna and started its new publication/edition from Patna in 2001, it obtained its "Separate Certificate of Registration" and" the New Registration No.BIHHIN/2000/03097" from the office of the Press Registrar, New Delhi under the Press & Registration of Books Act, 1867 and the Registration of Newspapers(Central) Rule, 1956.

14. That the petitioners violate the provisions of the Press & Registration of Books Act, 1867 in Bihar for wrongful gains.When the company of the same title newspaper(existing newspaper) Dainik Jagran set up its new printing press/ printing station at Muzaffarpur and started printing, publishing and selling its new Muzaffarpur publication/edition in Muzaffarpur in Bihar since April, 18, 2005, it obtained neither " the separate Certificate of Registration" nor " the new Registration Number" for its new Muzaffarpur publication/edition from the office of the Press Registrar, New Delhi, thus arbitrarily and wilfully violating the section 5(3) of the Press & Registration of Books Act, 1867

Thus , the company of the newspaper viz M/ S Jagran Prakashan Limited(Kanpur) continued printing, publishing and selling the new Muzaffarpur publication/edition of Dainik Jagran from the Muzaffarpur new printing press from April 18, 2005 to June ,28, 2012 illegally without having" the Certificate of Registration" and "Registration Number" in order to make wrongful gains by obtaining the government advertisements.

15. That there are Terms and Conditions of the Advertisement Policy of the Union Government . The Union Government through the Directorate of Advertising & Visual Publicity(D.A.V.P),Information & Broadcasting Ministry,Government of India,New Delhi, approves "the Govt. Advertisement Rates" and releases "the Union Govt. advertisements" to newspapers in bulk every year after fulfilling the certain conditions such as

(1) The Newspaper must have ''the Certificate of Registration'' and ''The Registration Number',

(2) The Evidence of uninterrupted publication of the newspaper for 36 months(three years) regularly,

(3) The Certificate of Audit Bureau of Circulation regarding the circulation of the newspaper,etc.

(4) There must be a minimum of seventy five thousand of circulation of the newspaper.

16. That there are also Terms and Conditions of the Advertisement Policy of the Bihar Government. The Bihar govt. also through the Information & Public Relation Department (IPRD), Patna, approves the "Govt. Advertisement Rate" and releases the "State Government Advertisements" in bulk to newspapers either directly or through different district state govt. offices every year in all districts of Bihar.

The Information & Public Relation Department(IPRD),Patna,Bihar enlists the eligible newspapers for the "State Govt. Advertisements" on the following terms and conditions such as

(1) The Newspaper must have "The Certificate of Registration" from the office of the Press Registrar,New Delhi,

(2) The number of sold Hindi daily newspaper must be a minimum of 45 thousand per day,

(3) The newspaper must have obtained " the Approved D.A.V.P Rate".etc.

17. That Daink Jagran is not entitled to publish advertisements of the Union Government as well as of the Bihar Government from April 18, 2005 to June 28,2012.

Under the terms and conditions of the Advertisement Policies of the Union Govt. and the Bihar Govt. as well, the new Muzaffarpur publication/edition of Dainik Jagran was not entitled to get and publish the Government Advertisements from the Union Government and the Bihar Government as well because the Muzaffarpur publication/edition had completely failed to comply with the mandatory provisions of the Press & Registration of Books Act,1867 and the Registration of Newspapers(Central) Rules, 1956 and the statutory rules and regulations of Advertisement Policies.The statutory provisions of Advertisement Policies include obtaining "the Certificate of Registration" & "the Registration Number" from the Press Registrar,New Delhi.

18. That even after getting the new Certificate of Registration and the new Registration Number from the office of Press Registrar,New Delhi, the Muzaffarpur publication/edition was not legally entitled to get and publish the Government Advertisements for three years.

Under the terms and conditions of the Advertisement Policies of .D.A.V.P(New Delhi) and I.P.R.D (Patna,Bihar),the new Muzaffarpur publication/edition of Dainik Jagran was not entitled to get the govt advertisements from the union govt. and the state govt. for three years from April 18 ,2005 to April ,17 ,2008,even though they would have obtained'the Certificates of Registration'' and ''the Registration Numbers'' because there must have been an uninterrupted publication of the daily Hindi newspaper for three years regularly even after obtaining the "Certificate of Registration" and the "Registration Number" from the office of the Press Registrar,New Delhi as per terms and conditions of the Advertisment Policy of the D.A.V.P,New Delhi.

Thus , when the company completes three Years’ publication regularly even after obtaining "the Certificate of Registration" & "the Registration Number", it will ,then, be eligible only to apply for "the DAVP Advertisement Rate" and "DAVP Advertisements."

It is also crystal clear that the Bihar Govt will consider enlisting any Hindi newspaper for the release of the "State Govt. Advertisements" if that newspaper gets the "D.A.V.P Approved Advertisement Rate" from the DAVP ,New Delhi as per one of the three main terms and conditions of the I.P.R.D,Patna,Bihar .

19. That now it has now become clear the main reason behind this serious economic offence on part of the senior functionaries of the company M/S Jagran Prakashan Limited(Kanpur) in the world famous Dainik Jagran Government Advertisement Scam.

To compensate the possible gross loss of income in the head of the publication of the advertisements of the union government and the Bihar government in the wake of a new publication/edition, the publisher/owner/Directors as well as the editors fraudulently induced the officials of the D.A.V.P(New Delhi) and I.P.R.D(Patna,Bihar) to deliver the advertisements of the union government and the Bihar govt. respectively to the illegal and unauthorised Muzaffarpur publication of Dainik Jagran for wrongful gain from April 18, 2005 to June 28,2012 by wrongly presenting the Muzaffarpur publication /edition as "Registered Newspaper" before the Govts. in Delhi and Patna. The Muzaffarpur publication of Dainik Jagran went in circulation/publication among readers and advertisers without the "Certificate of Registration'' and ''Registration Number''.But to cheat the officials of D.A.V.P(New Delhi),I.P.R.D(Patna,Bihar) and private advertisers,too,the publishr/owner/Directors and the editors of Dainik Jagran of Muzaffarpur edition/publication continued printing on the "Print-line" of the newspaper the "Registration No.BIHHIN/2000/3097" from April 18,2005 to June 28,2012, thus falsely and dishonestly presenting the newspaper to be "a lawfully registered newspaper".In reality, the truth is that the "printed Registration No. BIHHIN/2000/3097" has been officially allocated to the Patna publication/edition of Dainik Jagran from the office of the Press Registrar,New Delhi in 2000 ,some 05 years ago before the start of the new printing and publications of Muzaffarpur edition of Dainik Jagran in the year 2000 last.The documentary evidence of forgery and cheatings in the printing of the Patna Publication Registration No.BIHHIN/2000/3097 on the "Print-line of the Muzaffarpur publication/editon of Dainik Jagran by such a powerful media house is a serious economic offence which has never been heard in the past hundred years in the world. "Thus,the company plundered the government exchequer upto about several hundred crores during the period.

20. That the petitioners have counterfeited the Registration No.BIHHIN/2000/3097 of the Patna publication/edition of Dainik Jagran. While printing and publishing the "Registration No.BIHHIN/2000/3097" of the Patna Dainik Jagran publication on the "Print-line" of the Muzaffarpur publication of Dainik Jagran continuously from April ,18,2005 to June ,28,2012,the owners/publishers/directors and the editors of Dainik Jagran fraudulently and dishonestly used the Registration No. of Patna publication of Dainik Jagran as ‘a genuine Registration No.’of Muzaffarpur publication of Dainik Jagran despite the fact that they knew very well that they had been committing forgery,fraud and cheatings wilfully .

Thus,the owners/publishers/directors and the editors knowingly counterfeited the Registration No.BIHHIN/2000/3097 of Patna publication of Dainik Jagran in the Muzaffarpur Publication of Dainik Jagran for the wrongful purpose of giving false impression of a Registered Newspaper to the Muzaffarpur publication of Dainik Jagran before the Government Advertisement Releasing Agencies. The whole and sole intention of the owners/publishers/directors and the editors to commit such a crime of forgery and cheatings on such a large scale for such a long period was to get the govt. advertisements of the union and the Bihar governments by hook or by crook in active connivance with the senior government officials and Ministers of the concerned departments of the Union and the Bihar governments. Thus, all the named accused persons in the Muzaffarpur Complaint Case No. 2638/2012,Trial No.4309/2013 in the court of Shri Deepanshu Srivastawa, J.M.,Ist Class,Muzaffarpur wilfully committed the offences of forgery, fraud and cheatings on such a large scale.

21. That in respect of the content in the paragraph No.01 of the petitioners’petition, it is asserted firmly that the learned lower court , after duly applying its mind ,judiciously took cognizance on 30-05-2013 u/s 420/471/476 of IPC and 8(B)/14/15 of the Press And Registration of Books Act, 1867 against all the named accused persons.

22. That in respect of the content in the Paragraph No.02 of the petitioners’petiion, it is asserted that the complaint case No.2638/2012, filed by the O.P No.02, in the court of the Chief Judicial Magistrate,Muzaffarpur, relating to serious economic offences, has no connection with the Labour Cases or other cases in any way. Every citizen of India has his/her fundamental right to save the government revenue and expose the economic offences of the powerful media houses of the country for the sake of the countery.

23. That in respect of the content in the Paragraph No.03 of the petitioners’petition, it is asserted again that the content has no connection with the economic offences of the media house in anyway.

24. That in respect of the content in the Paragraph No.04 in the petitioners’ petition, it is firmly asserted that all the allegations of the forgery, cheatings and fraud against the named accused persons in the Complaint Case No. 2638/2012 u/s 420/471/476 of IPC and sections 8(B)/14/15 of the Press & Registration of Books Act, 1867, are true and are based on the documents, not on hearsay.

Besides, the petitioners have tried their best to misguide the Honourable Court by asserting that Dainik Jagran of Muzaffarpur edition/publication didn’t earn the govt. revenue from the Bihar government by publishing the the state government advertisements.The petitioners have annexed the letter of the Director Mr. Durgesh Nandan of the Information & Public Reations Department,Bihar,Patna in its support. The management of the company has further asserted that it had published the government advertisement of Bihar free of cost and had annexed the letter of the Director,Mr.Durgesh Nandan, ,Information & Public Relations Department theGovt. Of Bihar,Patna.

The Director,IPRD,Bihar,Patna vide lhe official letter No. 049-12/2007/1393,IPRD,Patna , dated 26-06-2013, addressed to the The Advertisement Manager,Dainik Jagran,Patna, has said , " By the official notification No. 36,dated 02/05/2008, Dainik Jagran of Muzaffarpur edition/publication, has been included in the Advertisement Approved List of the Bihar Government. But, before it , the department used to issue the advertisements to the Muzaffarpur edition/publication of Dainik Jargran free of cost.

(Annexure- 01)

In this matter, I have to say that "First of all , the letter of the said Director ,IPRD,Bihar,Patna has admitted that since the official notification No. 36, dated 02/05/2008,Dainik Jagran,Muzaffarpur edition/publication, has been included in the Advertisement Approved List of the Bihar Government.The letter confirms that Dainik Jagran,Muzaffarpur edition, has been publishing the state government advertisements since May month of 2008 to June 28,2012 and has been fraudulently causing a great loss to the government revenue in the the government advertisement publication-head in Bihar.

Besides, the same content of the part of the Director’s letter ,asserting that the issuance of the government advertisement to the Muzaffarpur edition/publication of Dainik Jagran, has been contradicted by the Public Information Officer cum Deputy Director(Press) Mr.Kamla Kant Upadhayay, Information & Public Relation Department, Bihar,Patna vide the official letter No. RTI 93/2012/1629, IPRD,Bihar,Patna dated 26/07/2013. In this letter, the Deputy Director of the same department, has admitted that the department has been paying M/S Dainik Jagran Publication Limited for all editions of Dainik Jagran including the Muzaffarpur edition of Dainik Jagran collectively, not the edition-wise.

(Annexure-02)

From the financial year 2005-06 to the financial year 2012-13,the amount of the collective payment against the govt. advertisement to the Muzaffarpur edition of Dainik Jagran has confirmed the publication of the govt. advertisement in the illegal edition/publication of Dainik Jagran from April 18, 2005 to June 28,2012.It has been confirmed in the official letter of the Deputy Director (press),Mr.Kamla Kant Upadhayay vide letter No.RTT-133/2013/2550,IPRD,Bihar Patna,dated 12/11/2013.

(Annexure-03)

Besides, the Union Government of India through the Directorate of Advertising & Visual Publicity,Ministry of Information & Broadcasting, Govt. of India , has also paid Rs.14, 41,062/- in the year 2009-10, Rs. 13,03, 740/- in the year 2010-11 and Rs.10,36,435/- in the year 2011-12 to the Muzaffarpur edition/publication of Dainik Jagran against the Union Government Advertisement publication.

(Annexure-04 )

In fact, the letter of the Director ,IPRD,Bihar,Patna , dated 26-06-2013, addressed to the Advertisement Manager,Dainik Jagran, has been issued to officially save the economic offenders as in this major economic offence, the officials and the concerned Ministers of the IPRD,Bihar,Patna and the DAVP,New Delhi, have not only encouraged the economic offenders to commit the offences,but also tried their best to legally provide safety umbrella to the company .

25. That in respect of the content in the Paragraph No.05 of the Petitioners’ petition, it is asserted that the petitioners have tried their best to misguide the Honourable court by asserting that the petitioners have been printing and publishing the Muzaffarpur edition/publication of Dainik Jagran according to the rules and regulations of the Press & Registration of Books Act, 1867as they have obtained the order of the District Magistrate,Muzaffarpur to print and publish the Muzaffarpur edition/publication of Dainik Jagran by filing the Declaration .

In this matter, I have to say that it is totally a big lie that the petitioners have obtained the order of the District Magistrate ,Muzaffarpur to print and publish Dainik Jagran from the new printing press at Muzaffarpur in time.

Your Honour,in fact, the petitioners have only submitted the Application -Form(known as Declaration in the Act) before the District Magistrate,Muzaffarpur for issuance of the Certificate of Registration and the Registration Number from the office of the Press Registrar,New Delhi.

Your Honour! Will the police set free a person carrying fire-arms on the plea that he/she has applied for an arms-licence and has not got the ‘Arms-licence’ from the District Magistrate till the time of the arrest ?

Prayer

In the light of the facts and circumstances of the instant case mentioned in the Counter-Affidavit, it is therefore, most respectfully prayed that Your Honour may graciously be pleased to :-

(A) Dismiss the criminal Revision Petition No. 188/2013 of the petitioners with exemplary cost on the petitioners as it is the sheer wastage and misuse of the precious judicial time of the Hon’ble Court.

(B) Direct the Lower Court at Muzaffarpur to expedite the further proceedings of the case on daily-basis as the accused persons in the instant case are the most powerful and influential personalities of the country.

( C) The O.P No.02, who has undergone a great deal of mental ,physical and economic harassment by the petitioners,the powerful corporate personalities , may kindly be adequately compensated.

(D) The O.P No.02 shall remain obliged as is duty-bound for this act of kindness of this Hon’ble Court.

Filed by

O.P.No-02

Raman Kumar Yadav

By ShriKrishna Prasad, Advocate

Mobile No. 09470400813

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