MUKHTAR ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision against the judgment and order dated 19-1-1993 passed by Sri K. N. Singh, the then 1st Addl. Sessions Judge, Saharanpur in Criminal Revision No. 530 of 1992, whereby he allowed the revision of the present opposite parties Nos. 2 to 7 and set aside the judgment and order dated 12-8-1992 passed by Sri S. B. Sharma, the then II Judicial Magistrate, Saharanpur in Case No. 308 of 1990, Mukhtar Ali v. Irfanul Haq, under S. 63 of the Copyright Act, police station Kotwali Nagar, District Saharanpur holding that the present opposite parties Nos. 2 to 7 were liable to be charged for the offence under S. 63 of the Copyright Act and directing the case to be fixed for 24-8-1992 for framing of the charges and directing them to appear before the Court on that date. By the order dated 12-8-1992 the learned Magistrate discharged a co-accused Jafar. However, the said discharge is not in controversy in this revision.

(2.) The criminal case started on a complaint made by Mukhtar Ali present applicant-revisionist in the Court of the learned Magistrate under S. 63 of the Copyright Act. The allegations in the said complaint were that the complainant and his brothers were the proprietors of M/s. Imdadia Book Depot, Deoband and were also carrying on the business in the name of Qutub Khana Imdadia, Deoband, that the firm was carrying on the business of printing, publishing and supply of religious books, that the accused Nos. 1 to 5 were partners of the firm known as Qutub Khana Rashidia and Rashidia Book Depot, that the accused No. 6 Jafar was the Manager of the said firms, that accused Nos. 1 to 5 and 7 and 8 were purchasing the books from the market and printing and publishing the same, that accused No. 9 was proprietor of the firm Darul Kitab in Deoband and used to purchase the books from other accused and supply the same, that the father of the applicant-Maulana Mohammad Ali was a scholar of Arabic language and he had translated the book "Hidayatun Nahab" which was known as a standard book for the studentswho were eager of learning Arabic from Arabic to Urdu and also prepared a commentary with the name of "Miswahun Nahab," that this book was published in the year 1950 by the Imdadia Book Depot, Deoband and sold through M/s. Kutub Khana Imdadia, that the father of the complainant died in the year 1952 but the complainant continued the publishing of the book, that he also obtained copyright in the year 1979 and got it registered under the Copyright Act, that accused Nos. 1 to 8 also used to purchase this book from the complainant's father and they had now committed the breach of the copyright by printing and publishing a book titled as 'Sharah Hidaytun Moh,' that the subject-matter of the book was identical with the matter of the said book "Miswahun Nahab" written by the father of the complainant, although it's title and name have been changed by the accused persons, that accused No. 9 had also full conscious knowledge of the copyright and yet had purchased the book from them and sold it at Deoband.

(3.) The accused were summoned and then after hearing the parties on question of framing of the charge the learned Magistrate passed the order dated 12-8-1992 holding that a case was made out for the framing of charges and fixing a date for framing the charges and directing the accused persons to appear on that date.