9911796707
TMI Blog2022 (3) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... of the impugned first information report. Section 188 I.P.C. relates to disobedience of the order promulgated by a public servant. There is no allegation in the impugned first information report that the petitioner has disobeyed the order promulgated by a public servant. Thus, prima facie from bare reading of the impugned first information report no offence is made out under Section 420/188 I.P.C. - mere alleged failure to show the invoices to the informant Sub Inspector at the time of interception of the vehicle and without presence of any of the ingredients of an offence under Section 63 of the Copy Right Act, the allegation of commission of offence under Section 63 is prima facie not made out. Prima facie the impugned first informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent no. 3 has been accepted by the learned A.G.A. This writ petition has been filed praying for the following reliefs:- (a) Issue a writ order or direction in the nature of certiorari quashing the first information report dated 20.02.2021, registered as Case Crime No. 0015 of 2021 under section 420, 188 I.P.C. section 63 Copy right act police station Nandi Gaon District Jalaun. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner which is registered in Case Crime No. 0015 of 2021 under section 420, 188 I.P.C. section 63 Copy right act police station Nandi Gaon District Jalaun. (c) Issue a writ order or direction in the nature of mandamus commanding the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 415. Cheating.- Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out under Section 420 I.P.C. on bare reading of the impugned first information report. Section 188 I.P.C. relates to disobedience of the order promulgated by a public servant. There is no allegation in the impugned first information report that the petitioner has disobeyed the order promulgated by a public servant. Thus, prima facie from bare reading of the impugned first information report no offence is made out under Section 420/188 I.P.C. Similarly, mere alleged failure to show the invoices to the informant Sub Inspector at the time of interception of the vehicle and without presence of any of the ingredients of an offence under Section 63 of the Copy Right Act, the allegation of commission of offence under Section 63 is prima facie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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