Kerala High Court
Solomon David @ Solomon vs The State Of Kerala on 23 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
CRL.MC NO. 1698 OF 2021
AGAINST THE ORDER/JUDGMENT IN LP 87/2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , ADOOR, PATHANAMTHITTA
PETITIONER/S:
SOLOMON DAVID @ SOLOMON
AGED 55 YEARS
S/O. DAVID, ST. THOMAS BUILDING, THONNALLOOR MURI,
PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT - 689
501.
BY ADVS.
MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER
PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT -
691 501.
OTHER PRESENT:
SRI.M.R.DHANIL-PP
SMT.M.K.PUSHPALATHA, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.MC 1698/2021
2
ASHOK MENON, J.
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Crl.MC No.1698 of 2021
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Dated this the 23rd day of June, 2021
ORDER
The petitioner is the sole accused in Crime No.313/2008
of Pandalam Police Station for having allegedly committed
offences punishable under Sections 51 and 52A read with
Sections 63 and 68A of the Copyright Act, 1957. The case was
registered suo motu and final report was filed. The petitioner
went abroad and could not be apprehended. The case against
him was transferred to the long pending register and is
presently pending as LP No.87/2013 on the files of Judicial
First Class Magistrate's Court, Adoor.
2. The allegation against the petitioner is that on
23.4.2008 at about 12.40 p.m., the petitioner was found to be
in possession of MP3 CDs and Video CDs and was attempted to
Crl.MC 1698/2021
sell those on the footpath in Panthalam Junction without any
sensor board certificate, copy right declarations, including
name, address and logo of the Company having the copy right
over the same. Thus the crime was registered and final report
was also filed, which was taken cognizance of the court as CC
No.970/2008.
3. The petitioner states that the allegations are not true
and that there is no description about what is the ingredients
of the MP3 CDs or the Video CDs, which were allegedly seized
from him. There is also no description about the ingredients
of those CDs. Apart from the fact that those are CDs which are
containing songs and films, there is no description about
whose copy right was violated. It is essential to constitute an
offence under Section 51 to describe as to the owner of the
copy right, whose copy right was violated without any valid
licence. As per Section 53A also, it should be described as to
whether the ingredients of the CD required a copy right and
Crl.MC 1698/2021
whether such copy right certificate was there on the CDs which
were being sold.
4. In the instant case, there is not even a description
about what was the ingredients of those MP3 CDs and Video
CDs. It can be clear only once it is so described as to whether
those ingredients of the CDs would require a copy right at all.
Under the circumstances, prima facie, the offence is not
sustainable against the petitioner.
The Crl.MC is, therefore, allowed and the entire
proceedings as against the petitioner herein in Crime
No.313/2008 of Pandalam Police Station pending as LP
No.87/2013 on the files of the Judicial First Class Magistrate's
Court, Adoor stands quashed under Section 482 Cr.PC and the
petitioner/accused is set at liberty.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 1698/2021
APPENDIX OF CRL.MC 1698/2021
PETITIONER ANNEXURE
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.313/2008 OF PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.313/2008 OF PANDALAM POLICE
STATION, PATHANAMTHITTA DISTRICT.
ANNEXURE A3 THE TRUE COPY OF THE MAHAZAR DATED
23.04.2008 IN CRIME NO.313/2008 OF
PANDALAM POLICE STATION, PATHANAMTHITTA
DISTRICT.
