STATE OF UTTARANCHAL Vs. SATISH KUMAR NARULA

JUDGEMENT

(1.) Present criminal revision was preferred by the State of Uttarakhand against the impugned order dated 18.05.2006, passed by learned Addl. Sessions Judge / 4th F.T.C., Haridwar, in criminal revision no. 225 of 2004, captioned as Satish Kumar Narula vs State of Uttaranchal under Sections 63 / 68 of the Copyright Act, 1957. The accused-respondent was discharged by learned revision court.

(2.) Accused was found in possession of 1600 duplicate audio cassettes on 04.02.2002, within the jurisdiction of police station Kotwali Roorkee. Accused was arrested and an FIR in respect of offences punishable under Sections 63 / 68A of the Copyright Act, 1957 was lodged against him. After the investigation, a chargesheet was submitted against the accused for the selfsame offences. Cognizance was taken on the chargesheet and accused-respondent was summoned to face the trial in respect of offences complained of against him. It was argued on behalf of the accused before the learned Magistrate that he was not arrested by the competent authority and police had no power to arrest him. Accused pleaded for discharge, which was denied by learned Magistrate of 07.07.2004. Aggrieved against said order, accused preferred criminal revision before the Sessions Court, which criminal revision was allowed by Addl. Sessions Judge / 4th F.T.C., Haridwar vide order 18.05.2006. Aggrieved against said order, State of Uttarakhand has preferred this criminal revision.

(3.) Notice was issued to the accusedrespondent, which was served upon him. None turned up for the accused-respondent before this Court.