FINAL FORM / REPORT

(Under Section 173 CR. P.C.)

IN THE COURT OF THE METROPOLITIAN MAGISTRATE – ROHINI COURT

1. District: North West PS: Munshin Puliya Year: 2019 NCR No: 113/23
Date: 10/06/2019
2. Final Report/Charge-Sheet No: 62/2019
3. Date: 05/08/2019
4. Act: Copyrigts Act, 1957 Section: S.67( c) of the said act.
5. Type of final Report: Charge Sheet

6. *If FIR : False / Mistake of fact / Mistake of law/Non-cognizable/Civil nature : Non Cognizable
7. *If supplementary or original: Original

8. Name of the I.O: Sahil Chauhan Rank: Police Inspector

9. Complainant/Informant:
(a) Name: Adv. Utkarsa Gupta
(b) Father’s name: Shree Sunil Gupta
(c) Date/Year of Birth: 17/08/1993
(d) Nationality: Indian
(e) Passport No: NA Date of Issue: NA Place of Issue: NA

(f) Address: Ameenabad, Lucknow, 110034

10. Date of properties / Articles / Documents recovered / seized during investigation and
relied upon
(separate list can be attached, if necessary).

Sl. Property Estimated PS Property From/Whom/Where Disposal

No.
description Value Registration Recovered

(In No.

Rs)
1 2 3 4 5 6

As Per Seizure

Memo

1
11. Particulars of accused persons charge-sheeted:
(use separate sheet for each accused)
(a) Name : Kamal Dev Whether verified: Yes
(b) Father’s/Husband’s Name: Late. Makhmali Ram
(c) Date/Year of Birth: 13/03/1978
(d) Nationality: Indian
(e) Passport No: NA Date of Issue: NA Place of Issue: NA
 (f) Address: Flat No. 221, Sevilla Apartments, Lucknow
110034 Whether verified: Yes
(g) Religion: Hindu
(h) Whether SC/ST: No
(i) Provisional Criminal No.: …………………………………
(j) Regular Criminal no: ………………………………………
(if known)

(k) Date of arrest: N/A

(l) Date of release on bail ………………………
(m) Date on which forwarded to Court: ………………………….
(n) Under Sections: 67( c) of the Copyrights Act, 1957
(o) *Name(s) and Address(es) of sureties: ………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………..
(p) Previous convictions with case references: NIL
(q) Status of the accused: Not in Judicial Custody
12. Particulars of witnesses to be examined:
1. Mr. Mahadev S/O Devta Admi R/O 441, Gomti nagar, Lucknow-110034
(Colleague of the accused)
2. Mr. Ameen Ali S/O Khwaja Saab R/O A-45 , Maha Nagar, Lucknow-
110034 (accountant of Mr. Anwar)
3. Mr. Abdul Kalam S/O APJ Abdul Kalam, R/O Lekhraj Market, Lucknow
-110034 ( Respondant in the case of Anwar v. Abdul kalam, owner of
Tinfosys Software Co.)
13. List of Documents attached with the Final Report

Final form / report............................................................................................................................1

List of evidences .............................................................................................................................5
List of witnesses...............................................................................................................................6
NCR/Rukka .....................................................................................................................................7
Magisteral Order............................................................................................................................10
recording statement of witness u/s 161 of cr. P. C.......................................................................12
Order Sheet in the case of Anwar v. Abdul Kalam......................................................................15

14. . If FIR. is false, indicate action taken or proposed to be taken u/s 182/211 IPC.: N/A

15. Result of Laboratory Analysis: N/A

16. Brief facts of the case (Add separate sheet, if necessary)
Respected Sir,
It is submitted that the first informant Adv. Utkarsa Gupta was the counsel for the respondent
Mr. Abdul Kalam in the case of Anwar v. Abdul Kalam wherein the facts were that on 01 st
February 2019, Mr. Abdul Kalam (Owner of Tinfosys Software Co.) created a computer
software and since, he wanted to name it “Allahu Akbar”, he did so by applying to the Copyright
Office, Lucknow and got this name copy-righted for himself on 01/02/2019 with the assistant of
the registrar Mr. Kamal Dev. Now, another Mr. Anar (Owner of Khisko Ltd.) claimed that the
name “Allahu Akbar” has been already copyrighted by him and subsequently initiated a suit
against Mr. Abdul Kalam in the court of law. Now, Mr. Anwar brought forth Mr. Kamal Dev as
a witness and he brought evidence which was the entry in the register of Copy-rights which
showed that Mr. Anwar copy-righted the name “Allahu Akbar” before Mr. Abdul Kalam and
hence, Mr. Abdul Kalam lost the case (on 19/03/19)
Now, Mr. Abdul Kalam filed appeal against this judgement, and the informant being his counsel
again, filed an application in the copyright office asking for the register of Copyrights entry for
the name “Allahu Akbar” and it was found out that it was copy righted to Mr. Abdul Kalam and
that Mr, Kamal Dev had knowingly brought forth a false evidence against Mr. Abdul kalam in
the court and hence, an application for NCR was lodged on 10/06/19.
On the filing of NCR and forwarding the same to the Metropolitan Magistrate and hence
receiving his orders for investigation, Police went to the Copyright office, Lucknow and it was
found out the name “Allahu Akbar” was first copyrighted by Mr. Abdul Kalam which means that
the accused did bring a false evidence knowingly. Further, statements of colleagues of the
 accused , the accountant of Mr. Anwar and Abdul Kalam were taken which revealed that Mr.
Anwar had paid Rs. 10,00,000/- to the accused for bringing a false evidence before the court of
law.

Dispatched on : 05/08/2019

Forwarded by Station House Officer

Officer/Officer in-charge

Sd/-
Malik Kafoor
Munshi Puliya Police Station

Signature of the Investigating

officer submitting the Final Report / Charge Sheet

Sd/-
Name: Sahil Chauhan
Rank: Police Inspector
Batch No. 12345
List of Evidences :

Serial No. Name of the evidence Marked As:

1. True copy of the entry at the register of P1
copyrights on 01.02.2019
2. Bank statements showing transaction of Rs. P2
10,00,000/- from the account of Mr. Anwar
to the account of the accused
 List Of Witnesses

Serial No. Name of the witness Address Description of the

witness
1. Mahadev S/O Devta 445- Gomti Nagar, Registrar and
Admi Lucknow- 110034 colleague of the
accused

2. Ameen Ali S/O Khwaja A-45, Maha Nagar, Accountant of Mr.

Saab Lucknow- 110034 Anwar
3. Abdul Kalam S/O A P J Lekhaj Market, The respondant in the
Abdul Kalam Lucknow- 110034 case of Anwar v.
Abdul Kalam
 COMPLAINT APPLICATION
Date: 10th June 2019

To,

Malik Kafoor

Station House Officer

Munshi Puliya Police Station, Lucknow, Uttar Pradesh

Subject: Complaint regarding knowingly producing false evidence in the copyright case.

Respected Sir,

I, Adv. Utkarsa Gupta, an advocate who was representing the Respondant side in the case of Anwar v. Abdul
Kalam which was over the copyright of the name “Allahu Akbar”. During the due course of the trial, the
counsel for the petitioner produced Mr. Kamal Dev S/O Late Gulabi Devi R/O Polytechnic Chauraha,
Lucknow who is a registrar at the Copyright Office, Lucknow. Mr. Kamal Dev knowingly produced false
evidence of Mr. Anwar hving already copyrighted the name “Allahu Akbar” as he knew that my client, Mr.
Abdul kalam had copyrighted it first as it was Mr.al Dev who assisted my client, Mr. Abdul Kalam in
registering the copyright but in the court, Mr. Kamal Dev blatantly lied that Mr. Anwar had copyrighted it
first and upon him producing a false evidence, my client lost the case.

My client again filed an appeal and this time , when the evidences were asked from te Copyright Office,
Lucknow, it was found out that Mr. Kamal Dev had produced false evidence and hence, the needful action be
taken against him.

Sd/- Sd/-

Adv. Utkarsa Gupta . Malik Kafoor

Station Head Officer

P.S. Munshi Puliya,

Lucknow, UP.
 95, REPORT IN NON-COGNIZABLE OFFENCES
(Under Section 155 Cr.P.C)
G.D. Vol. No113 . Page No. 23 Date 10/06/2019
Police Station/Out-Post: Munshi Puliya District: Lucknow
1.Date and time of report: 10/06/2019 and 11:30 am

2. Name and address of the complainant: Adv. Utkarsa Gupta S/O Sunil Gupta, R/0, Ameenabad,
Lucknow

3. Gist of offence reported: Knowingly producing false evidence about the entry in the register of copy
rights

4. Place of occurrence with date and time: Court of Chief Metropolitan Magistrate, Lucknow on
19/03/2019 at 11:30 AM

5. Address of the witnesses:

1. Mahadev, resident of 445, Gomti Nagar, Lucknow, Uttar Pradesh.

2. Ameen Ali, resident of A-45, Maha Nagar, Lucknow, Uttar Pradesh.
3. Abdul Kalam, resident of Lwkhraj Mrket, Lucknow, Uttar Pradesh.

6. Disposal (To be stated briefly)

7. Disposal reference
G.D. Vol. No…………………………. Page No………………………Date………………….

…………………………………………………………………………………………………..
Received copy
Sd/-
Malik Kafoor
Signature of SHO
PS-Munshi Puliya,

Lucknow, Uttar Pradesh

Complainant
Adv. Utkarsa Gupta.

(P.T.O)
Section 155 of Cr.P.C.
1. When information is given to an officer-in charge of a Police Station of the Commission with the limits of
such Station of a non-cognizable offence, he shall enter or cause to be entered the substance of the
information in a book to be kept by such officer in such form as the State Government may prescribe in this
behalf and refer the informant to the Magistrate.
2. No Police Officer shall investigate a non-cognizable case without the order of a Magistrate having power
to try such case or commit the case for trial.
3. Any Police Officer receiving such order may exercise the same powers in respect of the Investigation
(except the power to arrest without warrants) as an officer-in-charge of a Police Station may exercise in a
cognizable case.
4. Where a case relates to two or more offence of which at least one is cognizable the case, shall be deemed to
be a cognizable case, not withstanding that the other offences are non-cognizable.

I.O Appointed,
Sd/-
P.S Munshi Puliya Sahil Chauhan
Attestation Stamp Police Inspector
P.S Munshi Puliya
 IN THE COURT OF SH MADHUKAR SHARMA, MM,
LUCKNOW, UTTAR PRADESH

U/S 155 CrPC

District: North-West Police Station: Munshi Puliya Year: 2019

NCR No. 113/23 Date: 10/06/2019

Information report for the commission of non-cognizable offence within the

local jurisdiction

Hon’ble Sir
It is most respectfully submitted

1. That a complaint was filed by Adv. Utkarsa Gupta S/O Sunil Gupta on 10/06/19 by an
application for filimg NCR at 11:30 AM at the Munshi Puliya police station indicating the
commission of a non- cognizable offence under section 67( C) of the Copyrights Act,1957

2. After filing the NCR, the police officer went to the Copyright office, Lucknow to find
evidence against the accused.

Thank You

Sd/-
Malik
Kafoor
SHO
Munshi Puliya Police Station.

Sd/-
Sahil Chauhan (IO)
Inspector,
No. 12345
 IN THE COURT OF SH MADHUKAR SHARMA, MM,
LUCKNOW, UTTAR PRADESH

Re: Proceed for investigation with respect to a case committed under sections
67 ( c) of the Copyrights Act, 1957 dated 10/06/2019.

ORDER

The case has been taken into cognizance going as per the police report and passes an order to
proceed, to the spot, to investigate the facts and circumstances of the case and to take measures
for the discovery and arrest of the offender.

Date: 11/06/2019

Sd/-
Madhukar Sharma
Metropolitian Magistrate

Court Seal
 Recording Statement of witness u/s 161 of Cr. P. C

District: North West PS: Munshi Puliya Year: 2019 FIR No: 429 Date: 11-06-2019

Witness Information –

Name: Mahadev
Father’s / Husband’s Name: Devta Admi
Date / Year of Birth: 22/2/1985
Nationality: Indian
Passport No: NA Date of Issue: NA Place of Issue: NA
Address: 445- Gomti Nagar, Lucknow- 110034

Statement –

I am Mahadev and I am the registrar at the Copyrights office in Lucknow along with the accused Mr. Kamal
Dev. In the case of Anwar v. Abdul Kalam wherein Anwar had initiated a suit against Abdul kalam saying
the name of the new computer software of Abdul Kalam which is “Allahu Akbar” was already copyrighted
by Mr. Anwar. My co- registrar Mr. Kamal Dev testified in the court along with a copy of the register of
copyrights claiming that the name “Allahu Akbar” was taken by Anwar first. Wherein, when Mr. Abdul
Kalam came into appeal, it was reinvestigated and it was found that at that time , Mr. Kamal Dev had
knowingly produced a false copy as the name “Allahu Akbar” was copyrighted first by Mr. Abdul kalam only
and Mr. Kamal Dev produced a false document on the instructions of Mr. Anwar.

Signature of the investigating officer

Sd/-
Sahil Chauhan
Police Inspector
Rani Bagh Police Station
Date: 11/06/19
 Recording Statement of witness u/s 161 of Cr. P. C

District: North West PS: Munshi Puliya Year: 2019 FIR No: 429 Date: 11-06-2019

Witness Information –

Name: Ameen Ali

Father’s / Husband’s Name: Khwaja Saab
Date / Year of Birth: 14/2/1989
Nationality: Indian
Passport No: NA Date of Issue: NA Place of Issue: NA
Address: A-45, Maha Nagar, Lucknow- 110034

Statement –

I am Ameen Ali and I Am the accountant of Mr. Anwar. Mr. Anwar is the owner of a software company. Few
months back, he had filed a suit on Mr. Abdul Kalam saying that the name of the new computer software of
Mr. Abdul kamal which was “Allahu Akbar” was copyrighted by Mr. Anwar first whereas no one in the
company knew about this copyright. In the meanwhile, as the case was still going on, Mr. Anwar asked me to
transfer a sum of rs. 10,00,000/- into the account of one Mr. Kamal Dev who is the registrar in the copyright
office. Although, the motive of the transaction was never revealed to me, I believe it was some kind of bribe
given for false testimony to bend the case in favour of Mr. Anwar.

Signature of the investigating officer

Sd/-
Sahil Chauhan
Police Inspector
Rani Bagh Police Station
Date: 11/06/19
 Recording Statement of witness u/s 161 of Cr. P. C

District: North West PS: Munshi Puliya Year: 2019 FIR No: 429 Date: 11-06-2019

Witness Information –

Name: Abdul Kalam

Father’s / Husband’s Name: A.P.J Abdul Kalam
Date / Year of Birth: 10/9/1974
Nationality: Indian
Passport No: NA Date of Issue: NA Place of Issue: NA
Address: Lekhaj Market, Lucknow- 110034

Statement –

I am Abdul Kalam and I am the owner of the Tinfosys Software Company. An year ago, I developed a
software program and though of naming it “Allahu Akbar”. When I went to the copyright office on 01 st
February 2019, I even got it copyrighted under my name with the help of the registrar Mr. Kamal Dev. few
months after that, I came to know that one Mr. Anwar who is the ownder of Khisko Co. has filed a case
against me allegedly claiming that the name “Allahu Akbar” was first copyrighted by him. And in the court,
during the trial, the registrar Mr. kamal Dev came and produced false evidence in the favour of Mr. Anwar
due to which I lost the case and hence, I filed an appeal before the Hon’ble High Court of Judicature at
Allahabad, Lucknow bench and when I requested the authorities to look into the matter, it was found out that
Mr. Kamal Dev has knowingly produced a false evidence before the Hon’ble court of law.

Signature of the investigating officer

Sd/-
Sahil Chauhan
Police Inspector
Rani Bagh Police Station
Date: 11/06/19
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, CENTRAL DISTRICT,.
LUCKNOW
W.P. (CRL) 3006/2019
IN THE MATTER OF:
ANWAR …..Complainant
Through: Mr.Karan Mehra, Advocate
Versus
Abdul Kalam …..Respondents
Through: Mr.Utkarsa Gupta, Advocate
CORAM:
HON’BLE MS. JUSTICE AVINASH VISHEN
ORDER
19.05.2019

W.P. (CRL) 3008/2019

1. Ld. Counsel of the petitioner Present

2. Ld. Counsel of the Respondant Present

3. Heard arguments from both the counsels.

4. New Evidence was brought by the Counsel of the Petitioner Mr. Karan Mehra saying that one Mr. Kamal Dev

who is the registrar in the Copyright Office has bought fourth a copy of the register of copyrights which

clearly shows that the copyright in question of the name “Allahu Akbar” was copyrighted first by the

complainant.

5. Held: The current judgement is pronounced in the favour of the petitioner and the respondant has to pay the

fine for stealing the copyrighted name. Filing of Fresh Petition allowed.

15