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2004 Supreme(MP) 158

S.K.PANDE
B. K. Dani – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sardar Rajendra Singh with R.K. Shukla for petitioner; Wakeel Khan for State; D.S. Chouhan for respondent No.2.

JUDGMENT

By these petitions U/S 482, CrPC, petitioners request for quashing of Criminal Case No. 498/95, pending in the Court of MFC, Bhopal.

Petitioners are publishers and booksellers. In respect of model question and answers said to have been published and sold by petitioner, Secretary, Board of Secondary Education, Madhya Pradesh on 14.10.1994, lodged a report with Maharanapratap Nagar Police Station alleging that the petitioners have committed offence by infringing the copyright in a work which consisted of a book on model question and answers published by it. It was further alleged that the aforesaid publication of the petitioners was without permission or consent of the Board. On the report aforesaid, offence u/s 63 of the Copyright Act, 1957 has been registered and petitioners have been charge-sheeted. Arising out of this, they are facing trial in Criminal Case No. 498/95 before the MFC, Bhopal. On appearance, petitioners contended that there has been no infringement of copyright as such they be discharged for an offence u/s 63 of the Copyright Act. However, the MFC proceeded with the framing of charges against the petitioner. Criminal Revisions No. 88/96, 89/96 wer








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