IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 2415 of 2008() ------------------------- CC.777/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): --------------------- UDAYAKUMAR, S/O. UNNIKRISHNAN, KAYAMPARAMBIL HOUSE, RAIL NAGAR -I, VYTTILA KARA, POONITHURA VILLAGE. BY ADV. SRI.IEANS.C.CHAMAKKALA SRI.V.V.UNNIKRISHNAN RESPONDENT(S): ------------------------ STATE OF KERALA, REP. BY THE S.H.O, CENTRAL POLICE STATION, ERENAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2415 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to quash all further proceedings in C.C.777 of 2008 on the file of the Judicial Magistrate of the First Class-I, Ernakulam. 2. Petitioner is the accused in Crime No.1665 of 2006 of Central Police Station, Ernakulam for having committed offences punishable under Section 63 of the Copy Right Act. The allegation is that on 8.12.2006, 20 CDs were seized from shop No.51, which was run by the petitioner herein. After investigation, final report was filed, based on which cognizance was taken by the JFCM- I, Ernakulam as C.C. 777 of 2008. 3. Petitioner would point out that the ingredients necessary to attract the provisions of Section 63 of the Copy Right Act are not available in the case on hand. It is pointed out that there are no details Crl.M.C.2415/2008. 2 regarding the contents of the CDs etc. In the absence of these materials, it is contended that the prosecution may not lie. 4. The issue as to whether the ingredients necessary to attract Section 63 of Act are made out or whether in the facts and circumstances a case is made out are matters to be determined at the time of trial. Prima facie, an offence under Section 63 of the Act is attracted. Reserving the liberty of the petitioner to urge all his contentions at the time of trial, this petition is dismissed. P. BHAVADASAN, JUDGE sb.