Neutral Citation No. - 2025:AHC:55672 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33726 of 2024 Applicant :- Utkarsh Vishnoi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Srivastava,Atul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. Pleadings have already been exchanged between the parties in shape of counter affidavit and rejoinder affidavit. 3. The instant application has been preferred on behalf of the applicant to quash the impugned charge-sheet dated 27.08.2023, cognizance/summoning order dated 26.10.2023 including the entire proceedings of Case No.149705 of 2023 (State vs. Utkarsh Vishnoi) arising out of Case Crime No.90 of 2022, under sections 63 and 65 of Copyrights Act, 1957, P.S. Juhi, District- Kanpur Nagar, pending in the court of learned Metropolitan Magistrate 8th, Kanpur Nagar as well as to stay the further proceedings of abovementioned case. 4. It is the case of applicant that an F.I.R. being Case Crime No.90 of 2022 has been lodged against the informant, namely, Sanjay Sharma who alleged himself as an authorized by Ultra Tech company in pursuance to sections 63 and 65 of Copyrights Act, 1957, wherein after concluding the investigation, concerned Investigating Officer submitted charge-sheet on dated 27.08.2023, whereupon cognizance of offence has been taken up by learned court concerned vide order dated 26.10.2023, which impugned the present application. 5. Learned counsel for applicant submitted that the implication of applicant in the instant matter has not attracted any sections related to Copyright Act since in pursuance to section 51 of Copyright Act nothing has been disclosed at the time of lodging F.I.R. that the work related and contained under section 51 has been infringed. 6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but could not dispute the facts as mentioned by learned counsel for applicant. 7. In view of aforementioned facts and circumstances, entire proceedings initiated against the applicant in pursuance to Case No.149705 of 2023 (State vs. Utkarsh Vishnoi) arising out of Case Crime No.90 of 2022, under sections 63 and 65 of Copyrights Act, 1957, P.S. Juhi, District- Kanpur Nagar, is hereby quashed and set- aside. 8. The instant application stands allowed accordingly. Order Date :- 16.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad