NISHANT SURENDRA THADANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside of an FIR being II-C.R. No.172 of 2013 registered with 'B'Division Police Station, Jamnagar City dtd. 29/7/2013 for offense punishable under Ss. 63 of the Copy Right Act, 1957 and Ss. 4(A), 7, 16 and 17 of the Cable Television Networks (Regulation) Act, 1995.

(2.) Learned advocate for the applicants has raised the contention that the FIR itself could not have been filed by the officer of the level of Police Sub Inspector, Local Crime Branch, Jamnagar, who is the informant of the FIR in view of the provisions of the Cable Television Networks (Regulation) Act, 1995, particularly where under Sec. 18, cognizance is to be taken on the basis of a written complaint by an Authorized Officer. According to the learned advocate for the applicants, neither there is any written complaint given to the concerned Court nor the informant is an authorized officer as contemplated in the definition under Sec. 2(a).

(3.) As against this, learned Additional Public Prosecutor submitted that the in all there are 13 accused, of which except for the present three applicants, against 10 accused, the charge-sheet is already filed and the trial is proceeding and therefore, against the applicants also, the same process may be adopted and they be relegated to the trial Court.