SURENDRA KATARIA Vs. SHASHI INDULIYA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor assisted by Mr. Ashwin Garg and Mr. Tek Chand Rahul for the non-petitioners 1 and 2.

(2.) This misc. petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing the order dated 16.3.2010 passed by CJM Jaipur City whereby the opportunity to precharge evidence of the petitioner was closed.

(3.) The brief facts relevant to this misc. petition are that the complainant petitioner filed a complaint before the Chief Judicial Magistrate Jaipur City Jaipur against the non-petitioners 1 to 4 for the offence under Section 63 of the Copy Right Act read with Section 420 IPC on 14.8.2006 stating therein that the petitioner is having Copy Rights, rights for his book "Karmik Prashashan and Prashashnik Sidhant and Prabhand" but the non-petitioners 1 to 4 by taking some parts of the said book published a new book "Lok Prashasan" as such the non-petitioners violated the provisions of the Copy Right Act for which they are liable to be punished. The CJM recorded statements under Sections 200 and 202 Cr.P.C. and matter was investigated through SHO Police Station Manak Chowk, Jaipur and the investigating officer submitted his report and the CJM considering the report and the other material on record passed the order of cognizance against the non-petitioners 1 to 4 for the offence under Section 63 of Copy Right Act vide order dated 18.5.2007 and the non- petitioners were summoned through bailable warrants. After execution of bailable warrants the non-petitioners I to 4 put in their appearance through their advocate before the CJM and the CJM proceeded to record pre-charge evidence of the petitioner. After giving several opportunities to the petitioner for precharge evidence, the petitioner has not been able to produce the evidence. The CJM closed the precharge evidence as the counsel for the petitioner was not present and rejected the application of the petitioner for giving another date on 16.3.2010. Against this order the petitioner has filed this petition for quashing the order of the CJM rejecting the application and closing the precharge evidence.