KRISHNA RAO KESHAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition under Section 482, Cr. P.C.has been filed with a prayer for quashing of the proceedings in case No. 945 of 1994 pending in the Court of Chief Judicial Magistrate, Dehradun between State v. Krishna Rao Keshav under Section 403/406/420, I.P.C.and Section 63 of Copyright Act arising out of case Crime No. 6 of 1989 under the aforesaid Sections of police station Muni-Ki-Reti. District Tehri Garhwal.

(2.) The brief facts giving rise to the petition are that respondent No. 2 namely, Swami Dayanand lodged a first information report against the applicant on 4-2-1989 at police station Muni-Ki-Reti district Tehri Garhwal under the aforesaid Sections. According to the allegations made in the first information report, an Agreement dated 10-12-1986 was executed between the complainant (respondent no. 2) and the accused (Appellant) at Shiv Nand Nagar, Muni-Ki-Reti, district Tehri Garhwal for production of an English film on the life and mission of Swami Sivananda on the occasion of his Birth Centenary Celebrations. The accused had agreed to purchase the Film for a remuneration of Rs. four lacs and also agreed to keep the negative of the film in the control of the respondent No. 2 at the place chosen by him. It was further alleged that the total cost of the film amounting to Rs. 3,90,000.00 was paid to the applicant according to the terms and conditions of the Agreement. The accused had agreed to complete the film and deliver the English version within four months of the Agreement. He had also agreed to dub the film in Hindi and deliver one print (Hindi) at a cost of Rs. 55,000.00 . It was also mentioned in the Agreement that negative right of the film will be controlled by the complainant but the accused deliberately with dishonest intentions the negative of the film as also the film in the case of Vijaya Laboratories Hyderabad and refused to hand-over the film and demanded a further amount of Rs. 2,50,000.00 without any basis or reason and preventing the laboratories from making and delivering the print to the complainant and the applicant is guilty of criminal breach of trust and mis-appropriation. The applicant has also prevented the complainant of the copy right from exhibiting the film.

(3.) After investigation the police filed charge sheet in the Court of Chief Judicial magistrate, Tehri Garhwal. The same was registered as case No. 490 of 1989. On 3-6-1991 charges were framed by the Chief Judicial Magistrate against the applicant. It is significant to mention here that during the investigation the film reels and audio- cassettes were seized by the police from the office of the accused applicant at Hyderabad (Andhra Pradesh) and the following items were recovered :