Karnataka High Court
K A Ponnappa vs The Sub Inspector Of Police on 18 September, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION NO.4713 OF 2017
BETWEEN:
K A PONNAPPA
S/O APPACHU,
AGED 46 YEARS,
# 47, 'NIKSHEPA',
4TH CROSS, DURGADEVI LAYOUT,
VIDYARANYAPURA,
BANGALORE-560097 ... PETITIONER
(By Sri. ABDULLA T. I., ADVOCATE)
AND
1.THE SUB INSPECTOR OF POLICE
GONIKOPPAL POLICE STATION,
VIRAJPET TALUK, KODAGU DISTRICT-571213
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560001
2.UPENDRA NAMDEO JALGIONKAR
NAMDEO AGE 36 YEARS,
CONSULTANT, 25/D-3, RATNADEEP SOCIETY,
AAKRLI, MHADA COLONY,
ROAD NO.2, KANDIVALI EAST,
MUMBAI-400101 ... RESPONDENTS
(By Sri.S. RACHAIAH, HCGP FOR R-1; Sri.S. VINOD, ADVOCATE
FOR R-2(ABSENT)
2
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.181/2017
(CR.NO.5/2016) PENDING BEFORE CIVIL JUDGE AND J.M.F.C.,
PONNAMPET, REGISTERED FOR THE OFFENCE P/U/S 37,69,51
AND 63 OF COPY RIGHT ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard the learned advocate for the petitioner and the learned HCGP for the State. The complainant- respondent No.2 though served has remained absent.
2. The petitioner is a licence holder to telecast various T.V. channels. Zee TV lodged a complaint on 16.01.2016 registered as Crime No.5/2016 with Gonikoppa Police Station for offences punishable under Sections 37, 69, 51 and 63 of the Copy Right Act, 1957. The police after investigation have filed the charge sheet.
3. Sri. Abdulla, learned advocate for the petitioner submits that pursuant to a national policy, cable TV was sought to be replaced by DTH operators. 3 Gonikoppa was brought under Phase-III of the programme and time was granted till 31.12.2015 to convert the transmission through DTH. Subsequently, by notification dated 07.01.2016, Gonikoppa, was brought under Phase-IV and further 60 days' time was granted for conversion. Thus, petitioner had time till 06.03.2016 to enter into an agreement for transmission through DTH. The petitioner has entered into an agreement with Zee TV on 20.01.2016. Subsequently, Zee TV have informed the police authorities as per their communication dated 29.01.2016(Annexure-D) stating that the allegation of piracy stood ceased so far as the petitioner is concerned. Sri. Abdulla, contends that despite the said communication to the Superintendent of Police, Madikeri, the police have filed the charge sheet on 4.3.2017 after lapse of 13 months.
4. Sri.Rachaiah, learned HCGP in his usual fairness submits that charge sheet has been filed 4 without noticing the communication dated 29.01.2016 and also the subsequent communication dated 1.2.2016(Annexure-E-2).
5. The facts of this case reveal that by notification dated 7.1.2016, the operators in Gonikoppa were granted further time of 60 days to enter into fresh agreement. Accordingly, the petitioner entered into an agreement on 20.01.2016 and the complainant has conceded to the said position and conveyed this factual aspect to the Superintendent of Police. In the circumstances, the instant proceeding against the petitioner is unsustainable and this petition merits consideration.
5. Accordingly, this criminal petition is allowed. The proceedings in C.C.No.181/2017(Cr.No.5/2016) pending on the file of Civil Judge and JMFC, Ponnampet, registered for the offences punishable under 5 Sections 37, 69, 51 and 63 of the Copy Right Act, 1957 are quashed.
No costs.
Sd/-
JUDGE *alb/-.