Delhi High Court
Ajay Kumar vs State & Ors on 2 December, 2011
Author: Suresh Kait
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2453/2011
% Judgment delivered on:2nd December, 2011
AJAY KUMAR ..... Petitioner
Through : Mr. Varun Sharma, Adv.
versus
STATE & ORS ..... Respondents
Through : Ms. Rajdipa Behura, APP.
Mr. Santosh K. Jha, Adv. for R3.
Mr. D.Basu, A.R. of R3 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1 On 01.08.2011, the following order was passed:-
"1. Vide FIR No.185/2011 a case was registered
against the petitioner under Section 63/68 The Copyright
Act, 1957 at police station Adarsh Nagar, Delhi.
2. Learned counsel for the petitioner submits
that respondent No.3 -„The Indian Music Industry‟
company through its employee Dharmender Kapoor,
lodged a complaint against the petitioner and on his
complaint the aforementioned FIR was registered.
3. Further, submits that respondent No.3 has
amicably settled the dispute with petitioner qua the
aforesaid FIR and respondent No.3 does not wish to
pursue this case further.
4. Learned counsel for the petitioner further
submits that by way of compensation, a draft of ì 15,000/-
has been brought by petitioner today in the Court.
5. Mr.D. Basu, Assistant Manager (Legal) (AR)
of respondent No.3 is personally present in the Court who
has armed with the authority letter issued by „The Indian
Music Industry‟ and has been authorized to sign all
papers, applications, plaints, petitions, affidavits, file
suits, appeals before any or all judicial authorities for
conduct of litigations against pirates or parties infringing
copyrights of IMI members in their sound recordings
/videos and to assist the judicial and prosecution
authorities and agencies in proper conduct of anti-piracy
litigations on behalf of IMI.
6. I note from the aforesaid authority letter,
firstly there is no date; secondly there is no resolution
from the company authorizing to settle the case and
withdrawal of the case.
7. Mr.D. Basu, who is present on behalf of
respondent No.3 undertakes to produce Monjori Jaruhar,
senior officer of the respondent No.3 with authority letter
to withdraw the aforesaid case."
2 Mr. D. Basu, Assistant Manager (Legal) of company has
produced the resolution whereby, he is authorized to sign all papers,
applications, authorities for conduct of litigations against pirates or
parties infringing copyrights of IMI members in their sound
recording/videos and to assist the judicial and prosecution authorities
and agencies.
3 The petitioner has handed over to Mr. D. Basu, a demand draft
dated 30.07.2011 drawn on HDFC Bank, Adarsh Nagar for a sum of
Rs.15,000/- . The same has been accepted by Mr. D. Basu without any
protest.
4 Mr. D. Basu submits that in view of the settlement arrived at
between the parties, he does not want to pursue the case further.
5 Keeping in view the above stated facts and circumstances, I
quash the FIR No. 185/2001, P.S. Adarsh Nagar, Delhi and all the
proceedings emanating therefrom.
6 Dasti.
CRL. M.A. 8852/2011
In view of above order, this application renders infructuous and
accordingly stands disposed of.
SURESH KAIT, J
DECEMBER 02, 2011
j
