Criminal Appeal No. 13569 of 2010 · Andhra Pradesh High Court
Case at a glance
- Bench
- GOPALAKRISHNA TAMADA
Outcome
Disposed of
Accordingly, the Criminal Petition is disposed of at the
Provisions considered
- Copyright Act, 1957 ss. 51, 63, 65
Judgment
This petition is filed for quashing of the order dated
17.08.2010 passed in Crl.M.P.No.2700 of 2010 in Crime No.33 of 2010 on the file of the Additional Judicial
Operative part
Magistrate of First Class, Yellamanchili, Visakhapatnam District. The Police, Payakaraopeta Police Station., Visakhapatnam District., registered a case in Crime No.33 of 2010 against the petitioner-A1 and others for the offences punishable under Sections 63 read with Sections 51 and 65 of Copyright Act, 1957 on the ground that he used the computer for downloading the songs etc., and selling the same without any copyrights. Since the petitioner herein is the owner of the said computer, he approached the Court below and filed Crl.M.P.No.2700 of 2010 for interim custody of the seized Monitor, CPU, Mouse, computer Keyboard etc and that the Court below by an order dated 17.08.2.2010, dismissed the said petition. Aggrieved by the same, the petitioner preferred this criminal petition stating that he is the owner of the said computer and he has nothing to do with the said crime and that if the said Monitor, CPU, Mouse, Keyboard computer are not released, he would be put to irreparable loss and hardship. Heard both sides. Having considered the submissions made by the learned Counsel for the petitioner and also having regard to the fact that the petitioner is the owner of the said computer, this Court is of the view that the computer etc., can be ordered to be released in favour of the petitioner by imposing certain conditions. Accordingly, the Criminal Petition is disposed of at the stage of admission and the seized Monitor, CPU, Mouse, computer Keyboard etc shall be released in favour of the petitioner on condition of the petitioner executing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Yelamanchili, Visakhapatnam District. Further the petitioner shall also give an undertaking not to alienate or transfer/encumber the computer Monitor, CPU, Mouse, computer keyboard and change the nature of the said items and to produce the same as and when he is directed by the Court below till the disposal of the case. ________________________
(GOPALA KRISHNA TAMADA, J)
31.12.2010 Gsn
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Criminal Petition is disposed of at the
Which statutory provisions did this judgment involve?
Copyright Act, 1957 — ss. 51, 63, 65.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.