Pmla copy right order HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WP NO. 8352 of 2025 AND WMP NO. 9366 OF 2025 S.Shankar S/o.S.Shanmugam, No.5/115, Ashok Street, Bharti Avenue, Injambakkam, Chennai-115. Petitioner(s)

by Sekar Reporter · March 15, 2025

WP NO. 8352 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
WP NO. 8352 of 2025
AND WMP NO. 9366 OF 2025
S.Shankar
S/o.S.Shanmugam, No.5/115, Ashok Street, Bharti Avenue, Injambakkam, Chennai-115.
Petitioner(s)
Vs
The Deputy Director
Directorate Of Enforcement , Chennai Zonal Office – I, 5th And 6th
Floor, BSNL Administrative Building, Kushkumar Road, Chennai-06.
(Ref. F. No.ECIR /43/CEZO-I/ 2021 Dt. 17.02.2025)
Respondent(s)
WMP NO. 9366 of 2025
S.Shankar
S/o.S.Shanmugam, No.5/115, Ashok Street, Bharti Avenue, Injambakkam, Chennai-115.
Petitioner(s)
Vs
The Deputy Director
Directorate Of Enforcement , Chennai Zonal Office – I, 5th And 6th
Floor, BSNL Administrative Building, Kushkumar Road, Chennai-06.
(Ref. F. No.ECIR /43/CEZO-I/ 2021 Dt. 17.02.2025)
Respondent(s) WP NO. 8352 of 2025
For Petitioner(s):
Mr. P.S.Raman, Senior Counsel, For Mr. D.Saikumarran.
For Respondent(s):
Mr. Cibi Vishnu,
Special Public Prosecutor For ED Cases.
WMP NO. 9366 of 2025
For Petitioner(s):
MR. P.S.RAMAN, SENIOR COUNSEL, FOR MR. D.SAIKUMARRAN.
For Respondent(s):
Mr. Cibi Vishnu,
Special Public Prosecutor For ED Cases.
ORDER
(Order of the Court was made by the Hon’ble M.S.Ramesh J.)
The provisional order of attachment emanates from a private complaint filed against the petitioner herein in C.C.No.2067 of 2011, alleging him to have committed offence under Section 63 of the Copyrights Act, 1957 and also under Section 490 of IPC. When the petitioner herein had challenged the private complaint before this Court under Section 482 Cr.P.C., in Crl.O.P.No.20452 of 2023, the learned Single Judge of this Court had granted an order of interim stay of the proceedings dated 14.09.2023, by recording that the civil suit filed by the complainant in C.S.No.914 of 2010, alleging infringement of copy right, has ended in favour of the petitioner herein. The present provisional attachment order is also based on the allegations made in the civil suit relating to the infringement of copy right, apart from the allegations in the criminal complaint.
2. When this Court had already taken cognizance of the fact that the civil suit was dismissed and has also entertained the quash petition to quash the proceedings relating to the scheduled offence, the respondent ought not to have provisionally attached the properties under the impugned attachment vide order dated 17.02.2025. More particularly, when the stay was in operation for the past three years. The issue as to whether the provisional attachment order can be quashed can be finally adjudicated. However, in view of the prima facie case made out, there shall be an order of interim stay of the proceedings in the provisional attachment order No.04/2025 dated 17.02.2025 in F.No.ECIR/43/CEZO-I/2021.
3. Mr.Cibi Vishnu, learned Special Public Prosecutor takes notice on behalf of the respondent, and seeks time to file a counter.
4. Post the matter on 21.04.2025.
(M.S.RAMESH J.) (N.SENTHILKUMAR J.)
11-03-2025
Anu
To
The Deputy Director
Directorate Of Enforcement , Chennai Zonal Office – I, 5th And 6th
Floor, BSNL Administrative Building, Kushkumar Road, Chennai-06.
(Ref. F. No.ECIR /43/CEZO-I/ 2021 Dt. 17.02.2025)