Madras High CourtCRL OP/28762/2018closed

P.Chandrasekar v. State Of Tamilnadu

2018-12-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28762 of 2018 and Crl.M.P.No.16785 of 2018 P.Chandrasekar

...Petitioner

-Vs1.State of Tamil Nadu Represented by the Inspector of Police, Coimbatore Police Station, (VP-CID) Coimbatore.

(Crime Number-70/18) 2.T.Murugan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, 1973 to call for the records pertaining to the proceedings in C.C.No.332 of 2018 on the file of Judicial Magistrate No.I, Tiruppur and quash the same. For Petitioner : Mr.K.S.Karthik Raja For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to challenge the proceedings in C.C.No.332 of 2018 on the file of Judicial Magistrate No.I, Tiruppur.

2. The learned counsel for the petitioner would submit that the final report has been filed against the petitioner for an offence under Section 51(a)(i) read with 65 of the Copy Rights Act 1957. The learned counsel would submit that even if the allegation made in the final report along with the statement given by the witnesses, are taken as it is, no offence has been made out under the Copy Rights Act.

3. This Court does not want to interfere the proceedings at this stage. The Court below is yet to frame the charges in this case. Therefore, the Court below can always apply its mind on the materials collected by the respondent police and frame appropriate charges. It is always open to the petitioner at that point of time to canvass the case with regard to whether the materials collected by the respondent police will attract the offence under the Copy Rights Act.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, this Court does not want to intervene in the proceedings at this stage. Accordingly, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar LPP/vsa To

1. The Judicial Magistrate No.I, Tiruppur.

2.do Thro The Chief Judicial Magistrate, Tiruppur.

3.The Inspector of Police, Coimbatore Police Station, (VP-CID) Coimbatore.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.S.Karthik Raja, Advocate sr.no.85340 Crl.O.P.No.28762 of 2018 and Crl.M.P.No.16785 of 2018 vd(co) nr 03/01/2019 https://hcservices.ecourts.gov.in/hcservices/