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IN THE HIGH COURT OF RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Surendra Khandelwal - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Misc Petition No. 3006 of 2018
Decided On : 19-09-2018
UNLAWFUL ACTIVITIES (PREVENTION) ACT - COPYRIGHT ACT - EMBLEMS AND NAME (PREVENTION OF IMPROPER USE) ACT - PREVENTION OF INSULT TO NATIONAL HONOUR ACT - QUASHING OF PROCEEDINGS - FACTUAL MATRIX - BONAFIDE MISTAKE - NO INTENTION TO COMMIT OFFENCES - COURT'S INHERENT JURISDICTION UNDER SECTION 482 CR.P.C. - PRECEDENT LAWS - QUASHING OF CHARGES AND PROCEEDINGS.
Fact of the Case:
The petitioner, a stationery shop owner, was charged with offences under the Unlawful Activities (Prevention) Act, Copyright Act, Emblems and Name (Prevention of Improper Use) Act, and Prevention of Insult to National Honour Act for allegedly selling notebooks with an erroneous map of India. The petitioner argued that the charges were not applicable to the facts of the case and that the alleged mistake was bonafide.
Finding of the Court:
The court found that the petitioner was not involved in the decision-making process for printing the notebooks and that the alleged mistake was not intentional. The court also noted that the prosecution did not allege that the petitioner had any intention to jeopardize the sovereignty and integrity of the country.
Issues: Whether the charges against the petitioner were applicable to the facts of the case.
Ratio Decidendi: The court held that the charges against the petitioner were not applicable to the facts of the case and that the alleged mistake was bonafide. The court also noted that the prosecution did not allege that the petitioner had any intention to jeopardize the sovereignty and integrity of the country.
Final Decision: The court allowed the petition and quashed the charges and proceedings against the petitioner.
JUDGMENT
Pushpendra Singh Bhati, J. - Issue notice. Learned P.P. accepts notice on behalf of the respondent State. Thus, service is complete.
2. With the consent of learned counsel for the parties, the matter is finally heard.
3. The petitioner has preferred this misc. petition for quashing of the proceedings of Criminal Regular Case No.927/2010 pending before the learned Additional Chief Metropolitan Magistrate (Economic Offence), Jodhpur. It is further prayed that order dated 7.4.2014 framing charges against the petitioner for the offence under Section 2-F/13(1)(b) of Unlawful Activities (Prevention) Act, 1967 Section 51/63 of Copyright Act, 1957 Section 3/5 of Emblems and Name (Prevention of Improper Use) Act, 1950 and Section 2 of Prevention of Insult to National Honour Act, 1971.
3.1 Learned counsel for the petitioner submits that this Court vide order dated 21.8.2017 in S.B. Criminal Misc. Petition No.189/2015 (Manu Bhai C Joshi vs. State of Rajasthan) & S.B. Criminal Misc. Petition No.2964/2014 (Harihar Sarma & Ors. vs. State of Rajasthan) quashed the proceedings of Criminal Regular Case No.927/2010 pending before the learned Additional Chief Metropolitan Magistrate (Economic Offence), Jodhpur against the other accused (petitioners therein). The order of this Court reads as follows :-
"1. S.B.Criminal Misc. Petition No.189/2015 under Section 482 Cr.P.C., 1973 has been preferred against the order dated 16.10.2014 passed by learned Sessions Judge, Jodhpur Metropolitan in Criminal Revision Petition No.271/2014, whereby the revision petition was dismissed, affirming the order dated 07.04.2014 passed by learned Additional Chief Metropolitan Magistrate (Economic Offences), Jodhpur in Criminal Regular Case No.927/2010, by which the learned court below has ordered to frame charges against the petitioner for the offence under Section 2-F/13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 Section 51/63 of the Copyright Act, 1957 Section 3/5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 and section 2 of the Prevention of Insults to National Honour Act, 1971.
2. S.B.Criminal Misc. Petition No.2964/2014 under Section 482 Cr.P.C., 1973 has been preferred against the order dated 16.10.2014 passed by learned District & Sessions Judge, Jodhpur Metro, Jodhpur in Criminal Revision No.270/2014 arising out of the order dated 07.04.2014 passed by Additional Chief Judicial Magistrate (Economic Offences), Jodhpur Metro, Jodhpur in Cr. O. No.927/2010.
3. The petitioner in S.B.Criminal Misc. Petition No.189/2015 is the office bearer of the Gujarat State Cooperative Consumers Federation Limited, which is a Public Body.
4. The petitioners in S.B.Criminal Misc. Petition No.2964/2014 are the office bearers of the Banking Institution.
5. The present complaint was arising out of a newspaper report to the effect that the accused have printed the map of India, by not showing the area of Kashmir and Lakshdeep (Andaman-Nikobar) over T-Series Super Cassette and note-book, which was said to be printed by the Gujarat Cooperative Consumers Federation Limited in the year 1998 and similar charge on the Banking Institution.
6. Upon investigation, the charge-sheet was filed for the offences under Section 2-F/13(1)(b) of the Unlawful Activities (Prevention) Act; Section 51/63 of the Copyright Act; Section 3/5 of the Emblems and Names (Prevention of Improper Use) Act and section 2 of the Prevention of Insults to National Honour Act before the competent court.
7. The charges were framed against the petitioners for all the aforementioned offences vide order dated 07.04.2014. The revision petition filed against the said order was dismissed on 16.10.2014, whereby, the earlier order passed on 07.04.2014 was affirmed.
8. Learned counsel for the petitioners state that the petitioners are office bearers of the Public Body and Banking Institution respectively, and there were general Resolutions to publish the copies, and in fact, the whole act was a
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