Madhya Pradesh High Court
Gaurav Sahu vs The State Of Madhya Pradesh on 24 April, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 24 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 11916 of 2022
BETWEEN:-
GAURAV SAHU S/O SHRI AWADH KISHORE SAHU, AGED
ABOUT 32 YEARS, RESIDENT OF 193 NEAR LORD
KRISHNA TEMPLE UDINA BHANDER DATIA CURRENT
R/O SHYAMVIHAR COLONY DABRA PS DABRA,
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(SMT. UMA KUSHWAH, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P.S. DARBA, DISTRICT
GWALIOR (MADHYA PRADESH)
2. AJAY KUMAR DEVLIYA S/O SHRI SANTOSH
KUMAR DEVLIYA, OCCUPATION- FIELD OFFICER,
SPEED SEARCH AND SECURITY NETWORK PVT.
LTD, RESIDENT OF 7 NEAR NEW BUS STAND
GANJBASODA, DISTRICT VIDISHA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI NITIN GOYAL- LEARNED COUNSEL FOR THE RESPONDENT NO.1-
STATE AND SHRI RAJKUMAR JOSHI, LEARNED COUNSEL FOR THE
RESPONDENT NO.2- STATE)
This application coming on for admission this day, the court passed the
following:
ORDER
By way of this petition u/S 482 of CrPC, the petitioner seeking
quashment of FIR vide Crime No.58 of 2022 registered at Police Station Dabra,
District Gwalior for the offence punishable u/s 63 of Copyright Act, 1957
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 4/26/2023
10:30:41 AM
[hereinafter it referred to as the ''Act''] and other consequential proceedings
flowing out of said crime.
Facts giving rise to present petition in short are respondent no.2-
complainant filed a written complaint before the Police alleging therein that
petitioner is used to selling fake house wires under the brand of M/s.Havells
India Ltd. which is causing fiscal losses. On receipt of such complaint, police
proceeded to investigate matter. On reaching the shop of petitioner and upon
searching, 32 packets of house wires under the brand of M/s. Havells India Ltd
were seized from the shop of petitioner.Thereafter, aforesaid FIR was
registered against petitioner for offence under Section 63 of the Act.
It is contended by counsel for the petitioner that the petitioner is a retailer
of electrical goods and he is in business of selling wide-range electrical
products and deals with both branded & local products catering to various
consumers. It is further submitted that provision of aforesaid Act is not
applicable to selling or trading or manufacturing of electrical goods. Provision
of Act is limited to certain class of works as per Section 13 of Act, which reads
as under:-
''13. Works in which copyright subsists:-(1) Subject to the
provisions of this section and the other provisions of this Act,
copyright shall subsist throughout India in the following classes of
works, that is to say,--
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) sound recording.
Section 63 in the Copyright Act, 1957
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 4/26/2023
10:30:41 AM
It is further submitted that as per provision of Section 13 of the Act, no
case is made out against petitioner for offence under Section 63 of the Act.
Section 63 of the Act reads as under:-
''63. Offence of infringement of copyright or other
rights conferred by this Act.â€Â"Any person who knowingly
infringes or abets the infringement of
(a) the copyright in a work, or
(b) any other right conferred by this Act, except the right
conferred by section 53A
shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend to three years and
with fine which shall not be less than fifty thousand rupees but which
may extend to two lakh rupees:
Provided that where the infringement has not been made for
gain in the course of trade or business the court may, for adequate
and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than six months or a fine
of less than fifty thousand rupees.
Explanation. €Â"Construction of a building or other
structure which infringes or which, if completed, would infringe the
copyright in some other work shall not be an offence under this
section.''
On relying upon the judgment of Indore Bench of this Court in the matter
of Kasim ali vs. State of MP and another, decided on 13th of June, 2016
in MCRC No. 1362 of 2015 it is submitted that on similar factual matrix as
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 4/26/2023
10:30:41 AM
well as same legal provisions & principles, the FIR and other subsequent
criminal proceedings deserve to be quashed.
Learned counsel for the State as well as complainant, on the other hand,
opposed contentions of petitioner and submitted that an offence is made out
against petitioner under Section 63 of the Act and therefore, impugned FIR has
been lodged by police rightly. No interference is warranted at this stage. Hence,
prayed for dismissal of this petition.
On bare perusal of provisions of Section 13(1) of the Act as well as in
the light of judgment passed by Indore Bench of this High Court in the matter
of Kasim Ali (supra), prima facie no case is made out under Section 63 of the
Act for prosecution of petitioner. Accordingly, this petition deserves to be and
is hereby allowed. FIR vide Crime No.58 of 2022 registered at Police Station
Dabra, District Gwalior for offence u/s 63 of the Act and other consequential
proceedings flowing out of said crime is hereby quashed.
A copy of this order be sent to the concerned police station for
information.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 4/26/2023
10:30:41 AM
