Court No. - 69
Case :- APPLICATION U/S 482 No. - 36369 of 2019
Applicant :- Shanti Swaroop
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlendra Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing chargesheet No.81 of 2017 dated 13.06.2017 submitted in Case Crime No.128 of 2017, under Section 63/65 of the Copy Right Act, 1957, P.S. Nidholi, District Etah and further proceedings initiated on the basis of the aforesaid chargesheet.
Learned counsel for the applicant submitted that the Investigating Officer has not taken any opinion of the expert. No independent witness has been examined. On the basis of statement of members of the team charge-sheet has been submitted.
Per-contra learned A.G.A. opposed the application and submitted that after conducting enquiry and recording statement of the witnesses, chargesheet has been submitted.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Considering the facts and circumstances of the case, I do not find any ground to quash chargehseet and the criminal proceedings in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within four weeks from today and applies for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of four weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 30.9.2019 Asha