AMARESH KUMAR SINGH, J. - (1.) HEARD the learned counsels for the petitioner, learned Public Prosecutor and learned counsels for non-petitioner No. 2.
(2.) A perusal of the record of the lower Court shows that non-petitioner No. 2 Bhanwar Singh filed a complaint in the Court of learned Judicial Magistrate, Sumerpur against three persons, namely, Rakesh Roshan, Dhiru Bhai and Parveen Bhai alleging the commission of offences punishable under Sections 418 and 420 I.P.C. According to the averments made in the complaint the complainant Bhanwar Singh is the resident of Sumerpur. He owns cinema hall known as "Mahaveer Cinema" in which films are exhibited. Rakesh Roshan accused No. 1 is the producer of the films and the prints of the films are sold by him to the distributors who in turn distribute the films throughout the country. Dhiru Bhai accused No. 2 and Praveen Bhai accused No. 3 are alleged to be the persons who purchased the video rights of the films produced by accused No. 1. According to the allegations made by the complainant accused No. 1 produced film known as "Karan-Arjun". An advertisement was issued in film magazines and also in film posters that the right to prepare video cassette of above mentioned film had not been sold to any one and a reward of Rs. one lakh was offered to the person who would give information at the nearest police station about the exhibition of video cassette of above named film. It was further alleged in the complaint that in pursuance of the advertisement issued by accused No. 1 the complainant took pains to find out if any video cassette of above named film was exhibited illegally. On 24.2.1995 the complainant Bhanwar Singh lodged first information report at police station Sheoganj. In his report he alleged that video cassette of the films "Karan-Arjun" and "Hum Aapke Hain Kaun" were in possession of M/s. Anand Video Centre, Sheoganj. In the first information report it was further alleged that Anand Video Centre was distributing video cassettes of above named film to persons on hire.
(3.) IT was further alleged that on the basis of the first information report lodged by complainant Bhanwar Singh the police registered a criminal case No. 44/95. During investigation a search was conducted and during search video cassette of the film "Karan-Arjun" was recovered from the possession of Khushal and Basant Kumar. After completing investigation the police submitted a charge-sheet under Section 173(2) Cr.P.C. against the persons from whose possession video cassette has been recovered.;