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CR.MA/5050/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5050 of 2011
=========================================================
INDUSIND
MEDIA & COMMUNICATIONS LIMITED - THRO'SANJEEV AHUJA -
Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
SVRAJUASSOCIATES
for
Applicant(s) : 1,
MR. A.J. DESAI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/04/2011
ORAL
ORDER
1). Draft
amendment is allowed. Amendment to be carried out forthwith.
2). Heard
learned Senior Counsel Mr. S.V. Raju and learned APP, Mr. A.J. Desai
for the respondent no.1-State.
3). Issue
notice returnable on 5th May,2011. Learned APP, Mr. A.J.
Desai, waives service of notice on behalf of respondent no.1-State.
Direct service is permitted for respondent no.2.
4). Learned
Senior Counsel Mr. S.V. Raju submits that the impugned complaint is
nothing but an abuse of process of law and in occasion of Section
378 and 379 of Indian Penal Code is misconceived in asmuch as no
theft of movable property is committed by the applicant and offences
under Copy Right Acts are non-cognizable. It is also submitted that
the dispute between the parties arising out of contract/agreement is
pending before Telecom Disputes Settlement & Appellate Tribunal,
New Delhi and at the stage of hearing of application for relief of
interim injunction, a statement is made by the learned counsel for
the Star Den Media Services Pvt. Ltd., Mumbai that no process for
disconnecting supply of signals of its channels so far as the
applicant’s network is concerned. In view of the said statement, no
interim order came to be passed while admitting the petition.
5). Learned
counsel for the applicant relying on the decision of Hon’ble Supreme
Court in case of State of Haryana Vs. Bhajan Lal, reported in AIR
1992, SC 604, submitted that this case is squarely covered by
the decision in the above case and, therefore, impugned complaint
deserves to be quashed and set aside.
Considering
the overall facts and circumstances, at this stage, I am inclined to
consider the case for ad-interim relief as prayed in this petition
and accordingly ad-interim relief is granted in terms of Para-10(b)
till 5th May,2011. Direct service is permitted.
(ANANT
S. DAVE,J.)
Vahid
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