VASANTHA SOMASUNDARAM Vs. STATE

JUDGEMENT

(1.) THE petitioners are accused 1 and 2 in C.C.No.5353 of 1985 on the file of XVIII Metropolitan Magistrate, Saidapet, Madras.

(2.) ACCUSED is the licensee and accused 2 is the manager of the video shop "TIC TAC Video and Audio Library" situated at No.10, Corporation Building, 3rd Cross Street, R.A.Puram, Madras-28. In the said Video Centre, cassettes are distributed for hire. On 19.7.1985 at about 12 noon, the above shop was inspected by the Assistant Commissioner of Police, Law and Order, Mylapore. 25 Video cassettes of cinematograph films were available in the shop. When the Assistant Commissioner of Police demanded a letter of consent from the person, who is the first owner of the copyright the cinematograph film under Sec.17 of the Copyright Act, 1957, accused 1 and 2. were unable to produce any such letter. Consequently, a case in Crime No.450 of 1985 had been registered at E.4. Abhiramapuram Police Station, Mylapore Range against both the accused for the alleged contravention of Sec.9(2) of the Tamilnadu Exhibition of Films on Television Screen through Video Cassette Recorder (Regulation) Act, 1984 punishable under Sec.5(2) of the said Act.

(3.) AFTER the receipt of the process, the petitioners/ accused came forward with the present action invoking the inherent jurisdiction of this Court to quash the criminal proceedings against them.