IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE ELEVENTH DAY OF APRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.17955 of 2007 Between: The Lazer Crystal Display, (LCD) Video Film Exhibition Welfare Association, Kakinada, East Godavari District, reptd., by its President Sri Gollapalli Satti Babu, R/o.30-11-4, Jyothulavari Veedhi, Suryanarayanapuram, Kakinada, East Godavari District. … Petitioner And The Superintendent of Police, Kakinada, East Godavari District and another. … Respondents Counsel for the petitioners: None. Counsel for the respondents: AGP for Home for R.1 and R.2. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in harassing the members of the petitioner-Association and preventing them from exhibiting any films through their VCD/DVD players and LCDs on the special occasions such as marriages, birthday celebrations, etc., as illegal and arbitrary. At the hearing, there is no representation for the petitioner. In the counter-affidavit filed by the Additional Sub- Inspector of Police, Port Police Station, Kakinada, East Godavari District, it is stated that on 16-5-2007, on information, the then Sub-Inspector of Police, inspected a place where four persons were found displaying on the DVD “Desamuduru” film with LCD Projector on 10x18 feet screen in a public place at Dummulapeta without obtaining any permission; that on seeing the Police they tried to escape from the scene of offence; and that the S.I. of Police arrested and seized the DVDs of two Telugu movies called “Desamuduru” and “Stalin”. It is further stated that on the basis of the report of the Distributor, a case in Crime No.120 of 2007 was registered under Sections 51(1)(b)(ii), 63 and 52(A) read with Section 68(A) of the Copyright Act, 1957 (for short “the Act”) on 17-5-2007. It is further stated that after completing the investigation, they filed charge sheet, which was taken on file as C.C.No.476 of 2007 on the file of the 4th Additional Judicial I Class Magistrate, Kakinada. The deponent to the counter-affidavit denied the allegation that the Police have been harassing the members of the petitioner-Association. Inasmuch as there is a serious charge against certain persons, including the members of the petitioner-Association, of indulging in violation of the provisions of the Act, which is the subject matter of a pending criminal case, it is not possible for this Court to prevent the respondents from interfering with the petitioner’s exhibition of movies etc., without obtaining proper license/permission under the provisions of the Act and the other relevant laws. The petitioner is, however, at liberty to obtain necessary license/permission for displaying movies etc., in which event, the respondents shall not interfere with the lawful activities of the petitioner-Association in that regard. Subject to the above observations, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J 11-4-2008 MNR