S. SHANKAR Vs. AARUR TAMILNANDAN

JUDGEMENT

(1.) Both these criminal original petitions have been filed challenging the complaint in C.C. No. 2067 of 2011, on the file of the XIII Metropolitan Magistrate Court, Egmore, Chennai - 8 and to quash the same.

(2.) The case in C.C. No. 2067 of 2011 was filed by the 1st respondent herein as against these petitioners for the offence punishable under Ss. 63 of the Copy Right Act and 420 of the Indian Penal Code and the same was filed by way of a private complaint and the learned XIII Metropolitan Magistrate satisfied that there exists prima facie case has taken the complaint on file and the same is pending as against these petitioners.

(3.) The case of the first respondent in his'-complaint in C.C. No. 2067 of 2011 is that he is a Tamil Writer and he has written many short stories, novels and poems. One such short story written by the complainant by name 'Jugiba' was published in a Tamil monthly magazine namely 'Iniya Udhayam' in April, 1996. The same story was again published in another book namely 'Thik Thik Deepika' in the year 2007. Alleging that the subject film, namely, Enthiran was directed by the 1st accused by using the complainant's work in Jugiba, he has filed a suit in CS No. 914 of 2010 seeking a declaration that the complainant is the author and first owner of the copy right of the story Enthiran and also for a declaration that the film Enthiran is the infringing copy of the complainant's story Jugiba.-According to the -1st respondent/complainant the film Enthiran directed by the 1st accused and produced by the 2nd accused is a pirated story of his work Jugiba and through the film, the accused have earned huge profit and hence, the accused have committed the offence punishable under Ss. 63 of the Copy Right Act and 420 IPC.