complaint cannot be quash Velmurugan j

[12/22, 09:09] Sekarreporter 1: Crl..O.P.Nos.18407 of 2013 and 1479 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2019
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.Nos.18407 of 2013 & 1479 of 2014
and
Crl.M.P.Nos.1 & 2 of 2013 and 2 of 2014
1.Ashwin
2.Ashok …. Petitioners in Crl.O.P.No.18407 of 2013
1.Sony Music Entertainment
India Pvt., Ltd.,
Rep., by its Director,
Mr.Sumit Chatterjee,
No.12, Vaibhav Building Basement,
Smith Road, Off. Mount Road,
Chennai.
2.Mr.Sumit Chatterjee …. Petitioners in Crl.O.P.No.1479 of 2014
vs
M/s.R.K.Productions Pvt. Ltd.,
Rep., by its Authorised Signatory,
Mr.Manikantan
Having its Office at No.16/5,
Rajamannar Street,
T.Nagar, Chennai 17 …. Respondent in both cases.
Prayer in both the cases: Criminal Original Petitions filed under
Section 482 of Code of Criminal Procedure, to call for the records in
C.C.No.2818 of 2013 on the file of the learned XIV Metropolitan
Magistrate, Egmore, Chennai, and quash the said complaint.
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[12/22, 09:10] Sekarreporter 1: Crl..O.P.Nos.18407 of 2013 and 1479 of 2014
7 The respondent assigned copyright to the first petitioner’s
company. The second petitioner is working as a Director, the 3
rd and 4
th
petitioners are working in the company. It is averred in the complaint
that the petitioners have infringed the rights assigned in the assignment
deed. A1 is the company and other accused are participating in the day
to day affairs of the first petitioner’s company and hence, they are also
liable for the infringment. Therefore, they must be prosecuted for the
complaint filed by the respondent before the learned XIV Metropolitan
Magistrate in C.C.No.2818 of 2013. Further there are allegations in the
complaint against these petitioners. Therefore, this Court is not inclined
to invoke powers under Section 482 Cr.P.C., when, there are specific
allegations levelled against all the petitioners herein. This Court does not
find any merits in these petitions.
8 Accordingly, the Criminal Original Petitions are dismissed.
Consequently, connected Criminal Miscellaneous Petitions are closed.
However, the petitioners are at liberty to take all their defence before the
trial Court. However, the personal appearance of the petitioners 2 to 4
are dispensed with and the petitioners 2 to 4 herein are directed to
appear before the trial Court as and when required.
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[12/22, 09:10] Sekarreporter 1: Crl..O.P.Nos.18407 of 2013 and 1479 of 2014
9 Since, these matters are pending from the year 2013, the
learned XIV Metropolitan Magistrate, Egmore, Chennai, is directed to
dispose of the case in C.C.No.2818 of 2013, within a period of three
months, from the date of receipt of a copy of this order. Both the parties
are directed to co-operate for the speedy disposal of the case. If the
petitioners are not co-operating to dispose of the case within the
stipulated time, the order of dispense with the personal appearance shall
stand automatically cancelled and the learned XIV Metropolitan
Magistrate is directed to proceed with the matter in accordance with law.
18.12.2019
Index:yes/no
Internet:yes/no
sbn
Note: Issue order copy on 20.12.2019
To
The learned XIV Metropolitan Magistrate,
Egmore, Chennai.
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