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2023 Supreme(Kar) 253

KRISHNA S.DIXIT
Mangalore New Sultan Beedi Works, Represented By Its Managing Partner Mr. Mohammed Rafeeq Budoli, S/o. Late Haaji B. Hussain – Appellant
Versus
State Of Karnataka Through The Inspector Of Police, Narasimharaja Police Station – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.P. Hegde, Sr. Counsel for Sri. Venkatesh Somareddi.
For the Respondents: Sri. B.V. Krishna.

ORDER :

1. Petitioner, a beedi making partnership firm is invoking the writ jurisdiction of this Court about its FIR/complaint in Crime No. 23/2023 allegedly being kept in a cold storage presumably because of pendency of its Com.O.S. NO.478/2022, wherein an order of Temporary Injunction has been secured against the accused. Learned Sr. Advocate appearing for the Petitioner argues that the charging provisions of the Copyright Act, 1957 more particularly Section 63 are structured in such a way that the same fact matrix may give raise to a cause of action for civil suit and for a criminal proceeding; that being the position, he submits, the jurisdictional police have to undertake & accomplish the investigation on a war footing, brooking delay in matters like this not being desirable.

2. Learned AGA on request appearing for the official Respondents opposes the Petition contending that ordinarily where there is a civil dispute, the police advisedly keep away from interference and this is consistent with a catena of decisions of this Court and of the Apex Court. He also in all fairness submits, if this Court is of the contra indication, there will be no difficulty for his clients to unde

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