ANIL ROOP MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on an application for vacation of stay order dtd. 7/2/2024, however, with consent of parties, the matter has been heard finally on merits.

(2.) Instant Criminal misc. petition under Sec. 482 CrPC has been filed by accused petitioner challenging the order dated 5- 11- 2022 in Case No.27/2008 passed by the Additional Civil Judge and Metropolitan Magistrate No.12 Jaipur Metropolitan-II, whereby petitioner's application under Sec. 91 CrPC has been partly allowed for production of CD only, and the request for summoning three photographs, documents of patent and copyright, brochure of Diwali and Dusshera and hard disk has been declined.

(3.) Facts of the case are that on filing a complaint, FIR No.127/2007 came to be lodged at PS Mahesh Nagar Jaipur for offences under Sec. 406 and 120B IPC alleging therein that about 118 coloured photographs and 4 other coloured photographs as a brochure and for the purpose of publishing the said brochure he prepared a design on the computer and after preparing its CD the complainant provided to petitioner for printing in the press with a condition that the accused will not further publish those photographs and will delete the said print from his computer. However, the accused sold some photographs to the Tourism Department and published the same.