C482 No. 450 of 2010 Hon'ble Prafulla C. Pant, J. Shri R.P. Nautiyal, Advocate, present for the petitioner. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 3228 of 2009 Hemant Bhardwaj vs. Kishan Mahipal, relating to offences punishable under section 52A/63 of Copy Right Act, 1957, pending in the court of Additional Chief Judicial Magistrate, II Dehradun. Notices were issued to the respondent but he is not present even after service of notice. It is pleaded on behalf of the petitioner that there can not be any Copy Right in respect of the folk songs based on folk tunes. It is not a case of the complainant/respondent that he had made any new musical tune of the folk songs. It is contended that even if the contents of the criminal complaint are taken to be true the provision of the Copy Right Act, 1957, are not attracted in the present case. In the above circumstances, keeping in mind the provisions contained in Copy Right Act 1957, after going through the contents of the criminal complaint, this court finds that the ingredients of offence alleged against the petitioner are not made out. Accordingly, the petition under section482 of Cr.P.C is allowed, proceedings of Criminal Case No. 3228 of 2009 Hemant Bhardwaj vs. Kishan Mahipal, relating to offences punishable under section 52A/63 of Copy Right Act, 1957, pending in the court of Additional Chief Judicial Magistrate, II Dehradun, are hereby quashed. (P.C.P., J.) 24.06.2010 NP