Novex Communications Private Limted v. The State Of Maharashtra And ORS

(911) wp-4237.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4237 OF 2013 Novex Communications Private Ltd.

: Petitioner.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. S V Marwadi i/by Mr. P J Jaiswal for the Petitioner. Mrs. M M Deshmukh, Addl. PP for the Respondents/State. CORAM :

R. M. SAVANT & SANDEEP K. SHINDE, JJ.

DATE :

13th September 2017 P.C.

We have noticed from time to time that the mandate of the judgment of the Apex Court in Lalita Kumari v/s. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 is not being abided to in the manner required in the matter of registration of the First Information Reports (FIRs) and the preliminary enquiry to be conducted in terms thereof. The cause for moving the above Writ Petition is the alleged inaction of the police in dealing with the complaints of the Petitioner in respect of the copyrights infringement.

The learned counsel for the Petitioner states that, though various reliefs have been sought in the above Writ Petition, the Petitioner would be satisfied if the police is directed to take proper care in the matter of abiding lgc

(911) wp-4237.13 with the mandate of the judgment of the Apex Court in Lalita Kumari's case (supra).

Having regard to the said prayer of the Petitioner, we deem it appropriate to direct the Director General of Police, Maharashtra to bring to the notice of the different Commissionerates as well as the Superintendents of Police the mandate of the judgment of the Apex Court in Lalita Kumari's case (supra) by issuing an appropriate circular if not already issued. The same to be done latest by 31/12/2017 if not already done. With the aforesaid directions, the above Writ Petition is disposed of.

All concerned parties to act upon an ordinary copy of this order duly authenticated by the Court Associate/Sheristedar. [SANDEEP K. SHINDE, J] [R.M.SAVANT, J] lgc