D.P.CHOUDHURY
Trinath Sahu – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
D.P. CHOUDHURY, J.
1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as “the Code”) to quash the entire proceeding against the petitioners vide G.R. Case No.236 of 1997 pending in the Court of the learned S.D.J.M., Berhampur including the order dated 30.01.2004 taking cognizance of offence under Section 63 of the Copy Right Act, 1957 (hereinafter called as “the Act, 1957”) and issuance of process.
2. Mr.Choudhury, learned counsel for the petitioners submitted that on getting credible information, the Crime Branch made raid over the printing press of the petitioners for printing “Sachitra Madhu Barnabodha” in their printing press. According to him, the FIR was lodged against the petitioners for forging the design of “Chhabila Madhu Barnabodha” published by Sri Debabrata Kar, proprietor of Orissa Book Emporium, Cuttack-2. But actually, there is no forgery of any design of publishing “Sachitra Madhu Barnabodha” or pirating any contents or the design of “Chhabila Madhu Barnabodha”.
3. Mr.Choudhury, learned counsel for the petitioners further submitted that although the FIR was lodged under Sections 420/469/471 IPC read
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