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[Cites 6, Cited by 0]

Madras High Court

G.N.Visvakumar vs The Inspector Of Police on 7 June, 2018

Author: P.N.Prakash

Bench: P.N.Prakash

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.No.12196 of 2018
and Crl.M.P.No.6464 of 2018

G.N.Visvakumar			             		 .. Petitioner

Vs

1.The Inspector of Police
Video Piracy Cell, Unit.II, CBCID
Ayanavaram
Chennai.

2.Rajesh Misra		          		             .. Respondents
	
	Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the FIR in Cr.No.190 of 2012 dated 23.08.2012 on the file of the respondent police and to quash the same.

	For Petitioner	    :  Mr.M.M.Javadh
	For R1		    :  Mr.C.Raghavan
			       Government Advocate (Crl.Side)
	
O R D E R

This petition has been filed to call for the records pertaining to the FIR in Cr.No.190 of 2012 dated 23.08.2012 on the file of the respondent police and to quash the same.

2. On the complaint lodged by Rajesh Misra, on behalf of M/s Adobe Systems Inc., the respondent police registered a case in Cr.No.190 of 2012 on 23.08.2012 under Section 51 read with Section 63 and 63-B of the Copyright Act, 1957 against G.N.Visvakumar, for quashing which, this application has been filed on the ground that the parties have arrived at a compromise.

3. Today, Mr.Rajesh Misra, the de facto complainant and Mr.G.N.Visvakumar, the accused, are present.

4. Mr.Rajesh Misra, has filed an affidavit, wherein, he has stated as follows:

"3. It is submitted that the petitioner herein had information that was found using a Software of our company which was a pirated/unlicensed had accordingly lodged a complaint with the Video Piracy Cell Unit.II, Ayaavaram, Chenai for the copy right infringement under copy right act, bearing an FIR Cr.No.190/2016 u/s 51 r/w 63, 63B Copy right Act, 1957.
4. That the facts stated in the accompanying application are true and correct to my knowledge. The contents of the same may be read as part and parcel of this affidavit, as those are not repeated here for the sake of brevity.
5. That I have no objection if the FIR file in Cr.No.190/2016, under Section 63/63B/65 of the Copyright Act, 1957, and its consequential proceedings is quashed by this Hon'ble Court."

In view of the above, this petition is allowed and the prosecution in Cr.No.190 of 2012 is quashed. Consequently, connected miscellaneous petition is closed.

gms                                                                                             07.06.2018



To

1.The Inspector of Police
Video Piracy Cell, Unit.II, CBCID
Ayanavaram
Chennai.

2.The Public Prosecutor, 
High Court, Madras.		
























P.N.PRAKASH, J.

gms

















Crl.O.P.No.12196 of 2018














07.06.2018