Mr.Prataap Wadhwa vs State Of Karnataka on 9 November, 2012

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Karnataka High Court

Mr.Prataap Wadhwa vs State Of Karnataka on 9 November, 2012

Bench: H.N. Nagamohan Das

                          1


  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 09TH DAY OF NOVEMBER, 2012

                      BEFORE

  THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

          CRIMINAL PETITION NO.4660/2009



BETWEEN


MR.PRATAAP WADHWA
AGED ABOUT 36 YEARS
S/O SHIVAKUMAR T WADHWA
MANAGING PARTNER, AEROLEX CABLENET
NO.109, 3RD FLOOR,
AEROLEX CENTRE
K H ROAD, BANGALORE-560027         ... PETITIONER




(BY SRI: ARVIND KAMATH, ADVOCATE)


AND


  1. STATE OF KARNATAKA
     HASSAN TOWN POLICE
     REP BY STATION HOUSE OFFICER

  2. H M GANESH BABU
     AGED 36 YEARS
     S/O H M MALLE GOWDA
     VOKKALIGA, AREA MANAGER
                             2

     AMOGH BROAD BAND SERVICES PVT LTD.,
     HASSAN-573201

                                        ... RESPONDENTS



(BY SRI: RAJESH RAI, HCGP FOR R1
R2 SERVED)


      THIS CRL.P FILED U/S.482 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE
REGISTRATION OF THE FIR.NO.243/2009 AND INITIATION
OF FURTHER PROCEEDINGS IN CRIME NO.243/2009 ON
THE FILE OF THE RESPONDENT -1 AGAINST THE
PETITIONER ALLEGING THE OFFENCE UNDER SECTION
379 OF IPC, 1860 AND UNDER SECTIONS 51, 52A, 63 AND
68(A) OF THE COPYRIGHT ACT, 1957.


    THIS CRIMINAL PETITION        IS COMING ON       FOR
ADMISSION THIS DAY, THE            COURT MADE        THE
FOLLOWING:-


                        ORDER

Respondent No.2 lodged a complaint dated 08.09.2009 as per annexure-A with the respondent No.1 police alleging that the petitioner and others in the locality committed infringement copyrights and un-authorisedly transmitting and distributing the signals of STARDEN. The respondent 3 No.1-police registered a case in Cr.No.243/2009 for the offences punishable under Section 378 of IPC and Sections- 51, 52A, 63 and 68A of the Copy Right Act. Without expressing any opinion on the grounds urged by the petitioner, the respondent No.1-police are hereby directed to investigate the matter in accordance with law within a time frame of three months from the date of receipt of copy of this order. During the course of investigation the respondent No.1 shall not unnecessarily harass the petitioner and others.

Ordered accordingly.

Sd/-

JUDGE HJ*

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