(1.) Heard Mr. Pandey Neeraj Rai, the learned counsel for the petitioner, Mr. Ravi Prakash, the learned counsel for the State and Mr. Rishikesh Giri, the learned counsel for the respondent opposite party no.2.
(2.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 20/2/2019 in connection with Cyber Crime P.S. Case No.04/2018, pending in the court of the learned Additional Judicial Commissioner-II, Ranchi.
(3.) The FIR was lodged on the basis of a complaint to the S.P., Cyber Crime Branch, Ranchi by one Perfetti Van Melle India Private Limited, represented by its purported power of attorney holder Mr. Anand Tiwary, the offending act in the complaint is under the heading 'infringing activities'. It was further alleged that an unknown person has without any permission/ consent of the company used clip of the Mentos advertisement and a song of well known Hindi movie whereby they have sought to demean and denigrate the Hon'ble and respectable Chief Minister and other political dignitaries of the State of Jharkhand. The said video has been tweeted from twitter handle account @madeinranchi. It was also alleged that the informant's/complaint's right under Trademarks Act and Copy Right Act has been infringed.