ANURADHA PAUDWAL Vs. BRIJ MOHAN BHARDWAJ

JUDGEMENT

(1.) As, identical questions of law and facts arc involved, therefore, I propose to dispose of above indicated petitions, vide this common order, in order to avoid the repetition. However, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petitions. have been extracted from Criminal Misc. No.M-48106 of 2005 titled as "Anuradha Paudwal v. Brij Mohan Bhardwaj." in this context.

(2.) The epitome of the facts and material, culminating in the commencement, relevant for disposal of the present petitions and emanating from the record of the amended petition is that, complainant Brij Mohan Bhardwaj, son of Chaman Lai Bhardwaj-respondent(for brevity the complainant") filed a criminal complaint(Annexure P-1) against petitioner-Smt. Anuradha Paudwal and other co-accused, Super Cassettes Industries, its presenter Gulshan Kumar, Shekhar Sen, Musician, M/s. Sardar Cassette Company and M/s Jain and Company, on accusation of having committed the offence punishable under Sections 61, 63, 65 and 69 of The Copyright Act, 1957 and Sections 467, 468, 471 and 420 IPC.

(3.) The case set-up by the complainant, in brief, insofar as relevant was that, his father wrote many Books. including the Book titled as "Chaman Ki Shree Durga Stutti" in the year 1952, which was published for the first time by "Brij Mohan Bhardwaj Pustakalya". The Author had died in the year 1982. He was stated to have executed a Will in favour of the complainant. In this manner. the complainant claimed that now, he is the sole owner of the Copyrights of all the Books, including the Book in question written by his father. According to the complainant that, he has come to know that the accused have recorded and r presented a video in the set of two cassettes under the title of Shree Durga Stutti and all the Satotars were claimed to have been taken from the Book of "Chaman Ki Shree Durga Stutti". which is the violation of the provisions of the Copyright Act punishable under the indicated Sections. Inter alia, in the background of these allegations, the complainant filed the complaint against the petitioner(s)-accused. in the manner depicted hereinabove.