Telangana High Court
Ch.Ratnakar vs The State Of Telangana on 24 October, 2018
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.35478 of 2018
ORDER:
When the matter is taken up, written instructions, dated 01.10.2018, furnished by the Sub Inspector of Police, Luxettipet Police Station, Mancherial District, are placed on record by the learned Government Pleader. The said instructions, to the extent of their relevance to the present Writ Petition, read as under:
"It is submitted that the petitioner lodged a complaint on 13.08.2018 with the 3rd respondent Station House Officer, Luxettipet Police Station, Mancherial District. stating that he is the Chairman of Vigilance & Enforcement of Indian Copy Rights and owner of the Ratna Cable media and having eight of the movies to telecast in cable TV. The respondent No.4 Peragani Bhumesh is the cable operator and owner of the NXT digital control room and he is telecasting movies and songs which an belongs to the complainant company. It is submitted that basing on the complaint of the petitioner, a case was registered in Cr.No.116/2018 dated 13.08.2018 for the offences U/s. 420 IPC and Section 65 and 68 of Copy Rights Act 1957 against the 4th respondent and investigation has been taken up The investigating officer seized black colour CPU LG company, Encoder belongs to sharp company and the same was deposited before the Hon'ble Judicial Magistrate of First CIass, Luxettipet vide C.P.No. 101/2018.
It is submitted that during the course or investigation three (3) witnesses have been examined and recorded their detailed statements. Notice U/s. 41-A was served on the accused on 13.08.2018. Pursuant to the said the accused 2 approached the police station and admitted the guilt in this offence voluntarily.
It is submitted that on 30.08.2018 the investigating officer instructed the accused to submit relevant documents and the documents are awaited. It is submitted that the investigation conducted so far it is revealed that the complainant is the owner of Ratna Cable media and having right of the movies to telecast in cable TV. And accused is the cable operator and owner of the 'NXT digital control room and he is conducting piracy from bright way net work signals with the help of NXT digital control room by instruments CPU and Encoder and the accused pirated the movies and songs and scenes which were belongs to the complainant company to earn more profits. The accused was telecasting bright way programme through NXT digital set up boxes with the help of OFC. Thus the accused committed the offence and liable to be punished for the offences U/s.420 1PC and Section 63 and 68 of Copy Rights Act 1957.
It is submitted that the investigating officer assures this Hon'ble Court that the investigation will be finalized as expeditiously as possible and file an appropriate report against the accused before the concerned Hon'ble Court".
By placing on record the above written instructions, Writ Petition is disposed of, with a direction to the respondent-police authorities to complete the investigation and file a final report, as expeditiously as possible. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ A.V.SESHA SAI, J 24th October, 2018 Tsy