Delhi District Court
State vs . Ashutosh Barua on 27 August, 2012
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IN THE COURT OF SH. GAUTAM MANAN, ADDL. CHIEF
METROPOLITAN MAGISTRATE -01, PATIALA HOUSE COURTS,
NEW DELHI
FIR No. 155/2004
P.S. Connaught Place
U/s 63/68-A of The Copyright Act,1957
State Vs. Ashutosh Barua
Unique Case ID No. 02403R0139012005
JUDGMENT U/S 355 Cr. P.C.
a) Sl. No. of the case 02403R0139012005
b) The date of 27.03.2004
commission of the
offence
c) Name of the Sh. Suman Pushkarna
complainant
d) Name, parentage & Ashutosh Barua s/o Hemender Vikash
address of accused Barua, H. No. 544A, Double Storey, Brij
persons Vihar, Ghaziabad, U.P.
e) Offence Complained U/s 63/68-A of The Copyright Act,1957
of or proved
f) The plea of the Statement of accused under section 313
accused and their Cr.P.C has been dispensed with as there
examination are no incriminating circumstances
appearing in the prosecution evidence on
record against him.
FIR No 155/2004 P.S. Con. Place State Vs. Ashutosh Barua 1 of 3
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g) The Final order The accused are acquitted in the
present case U/s 63/68-A of The
Copyright Act,1957.
h) The date of such 27.8.2012
order
Date of institution of case : 22.3.2005
Date of reserving judgment/order : 27.8.2012
Date of Pronouncement : 27.08.2012
BRIEF FACTS OF THE REASONS FOR THE DECISION :
1. Accused Ashutosh Baura is facing trial on the allegations of the prosecution that on 27.03.2004 at about 02.40 p.m. at Shop No. 5, Palika Bazar, New Delhi accused knowingingly infringed the copyright in work of many companies and thereby committed an offence punishable u/s 63 of The Copyright Act, 1957.
2. The accused is further facing trial on the allegations of the prosecution that on the above said date, time and place he was found in possession of 158 VCDs and 277 DVDs of different films which were not having mandatory requirement of Section 52 of Copyright Act and thereby committed an offence punishable u/s 68A of The Copyright Act, 1957. FIR No 155/2004 P.S. Con. Place State Vs. Ashutosh Barua 2 of 3 3
2. After completion of the investigation, charge sheet was filed in the court U/s 63/68-A of The Copyright Act, 1957 against the accused. Copies of charge sheet and documents were supplied to the accused free of costs.
3. After hearing the arguments, the Charge U/s 63/68-A of the Copyright Act, 1957 was framed against the accused by Ld. Predecessor of this Court on 26.10.2006 to which he pleaded not guilty and claimed trial.
4. Since no evidence has been led by the prosecution to prove the guilt of the accused as such the accused stand acquitted for want of evidence against him. Bail bond of the accused is cancelled and his surety is discharged.
File be consigned to record room.
Announced in the open court on 27th August, 2012 GAUTAM MANAN ADDL. CHIEF METROPOLITAN MAGISTRATE-01 NEW DELHI.
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