NIRAV DANISHKUMAR SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code is preferred for quashing Crime No. 88 of 2015 registered by Vikhroli Parksite Police Station under Sections 292, 353, 420 read with Section 34 of the Indian Penal Code and under Sections 63(B), 64 of the Copyrights Act and Sections 65 and 67 of the Information Technology Act at the instance of one, Babu Kamble, the respondent no. 2 herein.

(2.) It may be stated that the respondent no. 2 is a Director of United Protection Services, a Company which undertakes to protect the copyrights of the various companies and eventually either prevents the infringement of such copyrights or liason with the police to register the offence for consideration for / and on behalf of the Company whose copyrights were allegedly infringed.

(3.) We have gone through the complaint of Mr. Babu Bhimrao Kamble, as well as, the first remand report dated 24th February, 2015 filed in the said C. R. No. 88 of 2015. Offences as aforesaid have been registered against six persons. The petitioner herein is one of the partners of M/s. AU Finja Jewels having its registered office at Mumbai-25. That upon receiving information that, M/s. AU Finja Jewels has installed a pirated Software "Jewelcad", Mr. Kamble with his Associates, approached the Assistant Commissioner of Police and requested him that, appropriate directions may be issued to the Senior Inspector, Vikhroli Parksite Police Station to provide the necessary police force to search the office premises of M/s. AU Finja Jewels where Software "Jewelcad" has been installed. It appears that, Mr. Kamble with his Associates alongwith Mr. Kadam, PSI visited the premises of M/s. AU Finja Jewels at Vikhroli in a "private car" and seized the computers and other apparatus allegedly used for operating the said pirated Software. It appears, the hardisk and such other electronic hardware was seized under the panchanama at the instance of Mr. Kamble and the offences as aforesaid came to be registered.