MOHAMMAD AAVED Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment dated 31.8.2010 passed by Sessions Judge, Bulandshahar in criminal revision no.312 of 2010 (annexure 10 to the writ petition) as well as order dated 19.7.2010 passed by Chief Judicial Magistrate, Bulandshahar (annexure 8 to the writ petition) with a further prayer for release of the seized property.

(2.) The facts are that on the basis of a written report submitted by Aakashdeep Sharma, F.I.R. was lodged at crime no.452 of 2010 under sections 379, 420 IPC and sections 63, 64, 69 of Copy Right Act at P.S. Kotwali Nagar, Bulandshahar against the petitioner Mohammad Aaved @ Aaved Gazi and his brother Javed. It was alleged that the complainant was the authorized person on behalf of M/s. Zee Turner Ltd. and the accused persons, who were cable operators, were unauthorizedly distributing signals relating to Zee T.V. Channels. Certain electronic items including transmitter boxes, colour T.V., DTH boxes, DTH service cards etc. were recovered from the possession of the petitioner. The application for release of the seized articles was moved by the petitioner on 16.7.2010 before Chief Judicial Magistrate, Bulandshahar, which was rejected by order dated 19.7.2010. Revision filed by the petitioner was dismissed by learned Sessions Judge, Bulandshahar. Both the aforesaid orders are under challenge in this petition.

(3.) Heard Sri Sunil Kumar, learned counsel for the petitioner and learned A.G.A. for the State.