B. BALU Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the First Information Report on the file of the Video Piracy Cell CID, Vellore Police, Vellore District for the offences under Sec. 51 and 63(a) of the Copy Rights Act, 1957 and Sec. 7 [1] [a] [i] of Cinematograph Act, 1952.

(2.) The crux of the First Information Report is as follows : The accused, who is the owner of the theatre known as M/s.Chellam Paradise has released the movie 'Pa-Pandi' on 14/4/2017. The defacto complainant was working as an Assistant to the Secretary of the Tamilnadu Film Producers Council. He has received an information that the accused have stealthily copied the movie and thereafter took video of the same. In this regard, Wunderbar Films [P] Ltd. had given a complaint. Based on the above complaint, the prosecution has been launched for the above said offences.

(3.) The main contention of the learned counsel for the petitioner is that the First Information Report has been registered only on the basis of a hear say information and there is no material available on record to show that the defacto complainant is the copy right owner of the said film. Further, invoking provisions of Sec. 7[1] of the Cinematograph Act is totally misconceived. It is nobody's case that film released in the theatre has not been certified. Therefore, the question of committing an offence under Sec. 7 [1] [i] of the Cinematograph Act does not arise at all. Similarly, absolutely there is no materials to show that the accused has copied the film in a video tape and the entire complaint is based on a hear say information. Therefore, the First Information Report is nothing but motivated and continuing the same is an abuse of process of law.