CRLP/13569/2010 of Chakka Jnaneswar Vs The State of A.P., on 31 December 2010

Conclusion

ORDER:

This petition is filed for quashing of the order dated17.08.2010 passed in Crl.M.P.No.2700 of 2010 in CrimeNo.33 of 2010 on the file of the Additional JudicialMagistrate of First Class, Yellamanchili, VisakhapatnamDistrict.

The Police, Payakaraopeta Police Station.,Visakhapatnam District., registered a case in Crime No.33 of2010 against the petitioner-A1 and others for the offencespunishable under Sections 63 read with Sections 51 and 65of Copyright Act, 1957 on the ground that he used thecomputer for downloading the songs etc., and selling thesame without any copyrights. Since the petitioner herein isthe owner of the said computer, he approached the Courtbelow and filed Crl.M.P.No.2700 of 2010 for interim custodyof the seized Monitor, CPU, Mouse, computer Keyboard etcand that the Court below by an order dated 17.08.2.2010,dismissed the said petition. Aggrieved by the same, thepetitioner preferred this criminal petition stating that he is theowner of the said computer and he has nothing to do withthe said crime and that if the said Monitor, CPU, Mouse,Keyboard computer are not released, he would be put toirreparable loss and hardship.

Heard both sides.

Having considered the submissions made by thelearned Counsel for the petitioner and also having regard tothe fact that the petitioner is the owner of the said computer,this Court is of the view that the computer etc., can beordered to be released in favour of the petitioner byimposing certain conditions.

Accordingly, the Criminal Petition is disposed of at thestage of admission and the seized Monitor, CPU, Mouse,computer Keyboard etc shall be released in favour of thepetitioner on condition of the petitioner executing a personalbond in a sum of Rs.25,000/- (Rupees Twenty FiveThousand only) with two sureties for a like sum each to thesatisfaction of the Additional Judicial Magistrate of FirstClass, Yelamanchili, Visakhapatnam District.

Further the petitioner shall also give an undertakingnot to alienate or transfer/encumber the computer Monitor,CPU, Mouse, computer keyboard and change the nature ofthe said items and to produce the same as and when he isdirected by the Court below till the disposal of the case.

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(GOPALA KRISHNA TAMADA, J)

31.12.2010Gsn