Manas Mehrotra vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another — Allahabad HC (2025) — LawSathi Research

Manas Mehrotra vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: notice to opposite party no. 2 (steps within seven working days) and stay of the proceedings of Crl. Case No. 128894/2023 so far as they relate to the applicant, till the next date of listing; the interim protection lapses if steps are not taken within the specified time. The main prayer to quash the charge sheet dated 16/08/2023, the summoning order dated 04/12/2023 and the bailable warrant dated 08/08/2024 was not decided at this stage.

Issue for consideration

Whether the charge sheet dated 16/08/2023 arising out of Case Crime No. 0067/2023 under section 63 of the Copy Right Act, 1957 (P.S. Qaiserbagh, District Lucknow), the summoning order dated 04/12/2023 and the bailable warrant dated 08/08/2024 passed in Crl. Case No. 128894/2023 should be quashed. +2 more

Ratio / Principle

Notice ordered to be issued to opposite party no. 2, with steps to be taken within seven working days.

Key takeaways

The matter is to be listed after service of notice, alongwith the service report.ratio¶¶12
Interim protection granted: till the next date of listing, the proceedings in issue shall remain stayed so far as they relate to the applicant.ratio¶¶14
The interim protection is conditional: if the steps (for service of notice) are not taken within the specified time, the interim protection granted by the Court shall not remain available to the applicant and it will be open to the trial court to proceed in the matter.ratio

Detailed headnote1 paragraphs

Criminal miscellaneous (Application U/S 482 No. 2032 of 2025) — High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; order dated 11.3.2025): Manas Mehrotra seeks quashing of the charge sheet dated 16/08/2023 arising out of Case Crime No. 0067/2023 under section 63 of the Copy Right Act, 1957 (Police Station Qaiserbagh, District Lucknow), the summoning order dated 04/12/2023 and the bailable warrant dated 08/08/2024 passed by the Learned Additional Chief Judicial Magistrate, Court No. 1, Lucknow, in Crl. Case No. 128894/2023 (State Vs. Manas Mehrotra), and a stay of those proceedings. The applicant contends that he was neither proprietor nor partner/director of M/s Kanak Sales Corporation and that the business at the shop in issue was run by others, including Kanchan Mehrotra, mother of the applicant. INTERIM ORDER: notice issued to opposite party no. 2 (steps within seven working days); matter to be listed after service of notice alongwith service report; till the next date of listing the proceedings shall remain stayed so far as they relate to the applicant; if steps are not taken within the specified time, the interim protection lapses and the trial court may proceed.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 2032 of 2025

Applicant :- Manas Mehrotra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Mohit Chandra,Ankit Kumar Trivedi,Manish Jauhari

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The present application has been filed with the following main relief(s):-

"For the facts reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that in the interest of justice this Hon'ble Court may kindly be pleased to quash the charge sheet dated 16/08/2023, arising out of Case Crime No. 0067/2023 under section 63 of Copy Right Act, 1957 Police Station Qaiserbagh, District Lucknow (Commisionerate Lucknow), as well as summoning order dated 04/12/2023, as well as Bailable warrant dated 08/08/2024 passed by Learned Additional Chief Judicial Magistrate, Court No. 1, Lucknow, in Crl. Case No. 128894/2023 entitled as State Vs. Manas Mehrotra in the interest of justice.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceedings of Crl. Case No. 128894/2023 (State Vs. Manas Mehrotra), pending before the Learned Additional Chief Judicial Magistrate, Court No. 1, Lucknow,in the interest of justice."

For the purposes of entertaining the instant application and granting interim protection, it is stated that the applicant against whom the FIR No.0067 of 2023 was lodged at P.S. Kaisarbagh, District- Lucknow on 14.06.2023 making allegation therein to attract offences under Section 63 of Copy Right Act, 1957 and thereafter the Investigating Officer submitted the charge sheet in issue was/is neither the proprietor of M/s Kanak Sales Corporation nor was Partner/Director of the said concern, as such no offence is made out against the applicant and offence, if any, is committed by the person who was running the business in the name and style of M/s Kanak Sales Corporation including Kanchan Mehrotra, mother of the applicant, who was running the business at the shop in issue, which has been closed and as such indulgence of this Court is required.

Upon considering the aforesaid, let notice to opposite party no.2 be issued. Steps be taken within seven working days.

List after service of notice alongwith service report.

Till the next date of listing, the proceedings, in issue, shall

remain stayed so far as the same relates to the applicant.

In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to the applicant and it would be open for the trial court to proceed in the matter.

Order Date :- 11.3.2025 Anand/-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench