Court No. - 45
Case :- APPLICATION U/S 482 No. - 36301 of 2018
Applicant :- Harvinder Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 25.07.2018 passed by the learned Chief Judicial Magistrate, Etawah as well as the entire proceedings of Case No. 3684 of 2018 (State Vs. Harvinder Singh), arising out of Case Crime No. 751 of 2017, under Section- 420 I.P.C. and Section- 63/65 of Copy Right Act, 1957, Police Station- Kotwali, District- Etawah, pending in the court of Chief Judicial Magistrate, Etawah.
It has been submitted that the recovery memo has been prepared by private person and the police has registered the same as first information report. It has been further submitted that the goods allegedly recovered from the applicant do not attract the provisions of Copy Right Act.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant.
Order Date :- 31.10.2018 Rohit