Gaurav Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 14224 MP

                                                         1
                          IN      THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 29 th OF AUGUST, 2023
                                           WRIT PETITION No. 21239 of 2022

                         BETWEEN:-
                         GAURAV     SHRIVASTAVA   S/O   SHRI   GIRISH
                         SHRIVASTAVA, AGED ABOUT 35 YEARS, OCCUPATION:
                         LEGAL ADVISOR R/O 304-B BLACK OM HEIGHTS, OM
                         VIHAR COLONY POLICE STATION AERODRAM
                         DISTRICT INDORE (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (NONE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE SECRETARY HOME DEPARTMENT VALLABH
                               BHAWAN BHOPAL (MADHYA PRADESH)

                         2.    D . G . P. , POLICE HEADQUARTERS       BHOPAL
                               (MADHYA PRADESH)

                         3.    SUPERINTENDENT OF POLICE, KATNI DISTRICT
                               KATNI (MADHYA PRADESH)

                         4.    STATION HOUSE OFFICER, POLICE STATION
                               KOTWALI DISTRICT KATNI (MADHYA PRADESH)

                         5.    GEETA     AGENCY       KATNI  THROUGH  ITS
                               PR O PR I E T O R SHRI   BALCHAND, PRAKASH
                               CHAND, AMRAT, DAYARAM, ANIL TANWANI,
                               POLICE STATION KOTWALI,DISTRICT KATNI
                               (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI V. JOHN - PANEL LAWYER FOR RESPONDENTS NO.1 TO 4)

                               This petition coming on for admission this day, th e court passed the
                         following:
Signature Not Verified
                                                          ORDER

Signed by: TULSA SINGH Signing time: 9/1/2023 5:52:15 PM

This writ petition is filed seeking a direction to the respondents to decide the petitioner's representations Annexure-P/1 and P/2 through a speaking order.

2. Annexure-P/1 and P/2 are the applications filed by the petitioner for registration of criminal case under the provisions of the Copy Right Act.

3. It is submitted that there is a remedy for violation of Copy Right Act or the Trade Marks Act, 1999. Since there exists an alternative, efficacious remedy in favour of the petitioner, no direction can be given to register a criminal case. If petitioner has any grievance, then he can seek redressal of it in the light of the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu

Vs. State of Uttar Pradesh and others, (2008) 2 SCC 409.

4. In above terms, this petition is disposed of.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 9/1/2023 5:52:15 PM