S.K. Dubey, J.--1. The following question arising in the case has been referred to the Full Bench:

"Whether, without registration under section 45 of the Copyright Act, 1957, criminal prosecution for infringement of copyright is or is not maintainable.

2. Respondent herein claims to be the author of the story entitled "Benam Rishte" said to have been published in the magazine Filmi Duniya in March 1985. He alleges that the two applicants herein have made a film by name 'Naseeb Apna Apna." based on the story "Benam Rishte." There was some delay in the initial proceedings for reasons which are not relevant at this stage, 'Hit ultimately the competent Court took cognizance and issued process to the two accused persons who are the present applicants. They have filed this petition under section 482 Cr.P.C. seeking to quash the proceedings. When the case was being heard by one of us (Bhat, C.J.), relying on a decision of the Division Bench of this Court in M/s. Mishra Bandhu Kalyalaya v. S. Koshal (1970 JLJ 723 = AIR 1970 MP 261), it was argued that registration of copyright is mandatory and without registration, the complainant has no copy right which can be said to have been