M/S. Tamil Magan Cable Tv, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.13209 of 2025 and Crl.MP(MD) No.10440 of 2025 M/s. Tamil Magan Cable TV., Rep by its owner Mr.T.Sundaramoorthy, Office at No.24, Mangapuram, Madurai Main Road, Srivilliputhur, Virudhunagar District.
... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, IPREC Police Station, Virudhunagar District.
Crime No.3 of 2024.
2.P.Kumar Manager at JVKDS Enterprises Cable Tv, No.61a, V.Krishnasamy Road, Janaki Nagar, Manirajan Stret Valasaravakkam, Chennai - 600087.
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to FIR in Crime No.3 of 2024 dated 18.11.2024, on the file of the 1st respondent and quash the same as against the petitioner.
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For Petitioner : Mr.Niresh Kumar.R, For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.side)
O R D E R
The petitioner/accused in Crime No.3 of 2024, on the file of first respondent police has filed this Criminal Original Petition to quash the above proceedings, which was registered for the offence under Sections 15(3) of Tamil Nadu EXHB of Film on TV - VCR and Cable TV Registration Act, 1984, r/w Section 51(a)(ii) & 63 (a) of Copy Right Act, 1957.
2.The case of the petitioner is that the defacto complainant is the Manager of JVKDS Enterprises Cable TV. Tamil Magan Cable TV run by the petitioner broadcast the cinema song from the Tamil Movie ''Yennai Arindhaal'', on 17.10.2024, without obtaining an agreement for copyright from JVKDS Enterprises and occurred loss to the said Enterprises. Hence, the case.
3.The learned counsel for the petitioner submits that the petitioner owns a cable TV network and had entered into a copyright agreement with the defacto complainant's office on 13.06.2018 and on 2/5
09.04.2019. Due to covid pandamic, the agreement was not extended further, however, the petitioner is paying the royalty amount regularly. However, without considering the same, the respondent police has registered the above case.
4.Mr.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the first respondent strongly objects for quashing the proceedings in Crime No.286 of 2024 that the grounds raised by this petitioners are matter for trial.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.
6.Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. The case in Crime No.3 of 2024 has been registered on 18.11.2024. The investigation agency shall find out the truth, by considering the submissions made by this petitioner during the course of investigation and file the final report. The petitioner is at liberty to challenge the final 3/5
report, in the manner known to law.
7.With such liberty, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 07.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To The Inspector of Police, IPREC Police Station, Virudhunagar District.
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B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.13209 of 2025 and Crl.MP(MD) No.10440 of 2025 07.08.2025 5/5