GOPAL VISHVAS Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Heard.

(2.) This petition under Section 482 of Cr.P.C. has been filed by the applicant against the order dated 2-12-2004 passed by the learned First Addl. Sessions Judge, Sarguja, Ambikapur in Criminal Rev. No. 348/2004 whereby the revision filed against the order dated 4-11-2004 passed by the Chief Judicial Magistrate, Ambikapur has been rejected.

(3.) Counsel for the applicant submitted that applicant is the person who is carrying on the business of Television Network. Annexure A-2 is the registration certificate issued by the District Excise Officer. It is submitted that he is the authorized Cable Operator by Z TV to telecast its Channels. It is stated that he is doing the business lawfully. It is further submitted that there is another competitor namely Vande Matram, who does not want the applicant to carry on the business. It is submitted that at his behest, the police have acted and registered the offence under Section 16 of Cable Television Networks Regulation Act, 1955 and Sections 63 and 68-A of the Copyright Act. On 1-11-2004, the Sub-Inspector searched the place from where the applicant was carrying business and seized the Decoder and 57 other articles, the cost of which is about Rs. 2 lacs. The offence was registered. Allegation against the applicant was that he was telecasting Star TV for which he was not authorized. It is submitted that the applicant preferred an application under Section 457 of Cr.P.C. for giving the articles on Supurdnama on 2-11-2004, which was rejected by the Chief Judicial Magistrate on 4-11-2004, Against the order dated 4-11-2004, the applicant preferred a revision but the learned Revisional Court also rejected the revision by order dated 2-12-2004.