D. P. Choudhury, J. - (1.)This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as "the Code") to quash the entire proceeding against the petitioners vide G.R. Case No.236 of 1997 pending in the Court of the learned S.D.J.M., Berhampur including the order dated 30.01.2004 taking cognizance of offence under Section 63 of the Copy Right Act, 1957 (hereinafter called as "the Act, 1957") and issuance of process.
(2.)Mr.Choudhury, learned counsel for the petitioners submitted that on getting credible information, the Crime Branch made raid over the printing press of the petitioners for printing "Sachitra Madhu Barnabodha" in their printing press. According to him, the FIR was lodged against the petitioners for forging the design of "Chhabila Madhu Barnabodha" published by Sri Debabrata Kar, proprietor of Orissa Book Emporium, Cuttack- But actually, there is no forgery of any design of publishing "Sachitra Madhu Barnabodha" or pirating any contents or the design of "Chhabila Madhu Barnabodha".
(3.)Mr.Choudhury, learned counsel for the petitioners further submitted that although the FIR was lodged under Sections 420/469/471 IPC read with Section 63 of the Act, 1957, there is no basis for filing charge sheet against the petitioners for commission of such offence. Moreover, learned S.D.J.M., Berhampur took cognizance for the offence under Section 63 of the Act, 1957 vide order dated 22.01.2001 for which the punishment prescribed is one year and the period of limitation for taking cognizance is up to three years whereas in the present case, the cognizance of offence was taken long after three years of period of limitation. According to him, the order of taking cognizance is barred by limitation.