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1. The short question of law involved for determination in this petition preferred against the order dated 6.3.1999 passed by learned Chief Metropolitan Magistrate, whereby the complaint of the petitioner Mrs. Chitra Narain who was once the Chief Producer of the All India Radio filed against respondents -- M/s. NDTV, Mr. Prannoy Roy, M/s. Star TV and Mr. Rupert Murdoch was dismissed without issuing the process is as under:

"Whether the Magistrate while holding an enquiry into a complaint can permit a person against whom the complaint is filed to participate in the proceedings for the purpose of adjudicating the guilt or otherwise of the person against whom the complaint is preferred."

6. Let us examine the procedure adopted by the the learned Chief Metropolitan Magistrate in the light of the facts of the case, which need to be recapitulated in brief and are as under:

7. "Petitioner who was the Chief Producer of All India Radio filed a complaint under Sections 51, 52A, 63, 69 of the Copyright Act of 1957 against M/s. NDTV and other respondents on the allegations that they have infringed and usurped her copy right over the feature entitled "A National Anthem Born and Exile" which was researched, written and produced by her and broadcast on the National Network of All India Radio on January 23, 1980. According to her the feature produced by the petitioner and broadcast on AIR by her sheer labour and skill was a Original Work and she had used her ingenuity and innovative traits in making the research (for over 3 years), selection and compilation of this feature. This feature was widely hailed by the Press. A few of the comments by critics appearing in the leading national dailies were as follows: