Court directed trial court to expedite trial within three months and dispensed petitioners' attendance except for statutory stage appearances.
Expediting of trial to be completed within three months; petitioners' appearance dispensed with.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.18170 of 2013 and
Crl.M.P.No.1 of 2014
1.Anthony Jaker,
Son of L.Victor George Michael, Aged 31 years, Branch Manager, The Muthoot Finance Private Limited, (Now Known as The Muthoot Broadcasting Private Limited), Old No.6, New No.21, Arunachalam Road, Opp. S.S.R.Pankajam, Theatre, Saligramam, Chennai.
2.Issac, Son of John Thangaiya, Aged 63 years, Branch Manager, The Muthoot Finance Private Limited, (Now Known as The Muthoot Broadcasting Private Limited), AC-7, II Avenue, Anna Nagar, Chennai-600 093.
3.George Alexander Muthoot, Son of M.George Muthoot, aged about 58 years, Managing Director, Muthoot House, G-343, Panampilly Nagar, Ernakulam – 682 036, Kerala.
4.George N George,
Son of M.George Muthoot, Aged 63 uears, Executive Director (Radio), Muthoot Chambers, Opp.Theatre Complex, Banerji Road, Ernakulam-682 018.
5.M.G.George Muthoot, Son of M.G.George Muthoot, Aged 38 years, Director, Muthoot House, G-74, East of Kailash, New Delhi – 110 063. ... Petitioners
Vs.
The Indian Performing Rights Society Limited, A Company incorporated under the Companies Act, 1956 Having its Administrative Office Flat No.D1, 2nd Floor, Parson Residential Apts. 109, G.N.Chetty Road, T.Nagar, Chennai – 600 017. And having its, Registered Office at : Golden Chambers, New Andheri Link Road, Andheri (West) Oshiwara, Mumbai 400 056, Through its authorized Rep – cum – Chairman, Mr.Hasan Kamaal, acting On behalf of and for the company. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records on the file of the XVII Metropolitan Magistrate Court, Saidapet Chennai in C.C.No.11657 of 2008 and quash the same.
For Petitioners : M/s.Jose John for M/s.King & Partridge For Respondent : M/s.AR.L.Sundaresan, Senior Counsel for M/s.R.Vijaya Sudha ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.11657 of 2008, pending on the file of the XVII Metropolitan Magistrate Court, Saidapet.
2.The learned counsel appearing for the petitioners would submit the petitioners obtained necessary license from “Phonographic Performance Limited” to broadcast the songs recorded in sound recordings. The respondent has initiated the above complaint only against the individuals representing the company without making the company as a party to the proceedings.
3.The learned counsel for the petitioners would further submit that without going into the merits of the case, it would
suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary arise.
4.The learned counsel for the respondent concede to the request made by the learned counsel for the petitioners.
5.In view of the above, this Court directs the learned XVII Metropolitan Magistrate, Saidapet to expedite the trial in C.C.No.11657 of 2008 and complete the same within a period of three months from the date of receipt of a copy of this order. The appearance of the petitioners before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and judgment and as and when the Trial Court feels it necessary.
6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vv2 To The XVII Metropolitan Magistrate Court, Saidapet, Chennai.
+2cc to M/s.King and Partridge, Advocate Sr.13672 +2cc to M/s.R.Vijayasudha, Advocate Sr.13640
Crl.O.P.No.18170 of 2013
nrl[co] srg 12/03/2020
Anthony Jaker and others
The Indian Performing Rights Society Limited
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
