JUDGMENT

Ashok G. Nijagannavar, J. - Criminal Petition No.3756/2012 is filed by the petitioner accused for quashing the entire proceedings in C.C. No.14063/2012 arising out of P.C.R. No.1879/2009 on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.

2. Criminal Petition No.3757/2012 is filed by the petitioners accused Nos.1 to 3 for quashing the entire proceedings in P.C.R. No.12658/2008 on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 51 and 63 of Copyright Act, 1957 and Section 379, 403, 411 and 420 r/w Section 34 & 120B of IPC.

3. The facts stated in both private complaints and the grounds stated in the petitions challenging the impugned orders are almost identical. The complainant-respondent in both criminal petitions are one and the same. Hence, common order is passed.

4. The facts briefly stated in Crl.P. No.3756/2012 are that on the complaint filed by Wg.Cdr (Dr.) V.G.Vasishta (retired) represented by his GPA holder Wg.Cdr V.M.Raghunath (retired), the Magistrate has passed an order to register the case against the petitioner holding that there are sufficient materials to proceed against the accused person for the offences punishable under Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC and has further ordered to issue summons to the accused. Thereafter, the case was registered as C.C. No.14063/2012.

5. The allegations are that the complainant had conducted comprehensive medical research as Principal Investigator at the Institute of Aero Space Medicine in respect of Rotational Field Quantum Magnetic Resonance for treatment of Osteoarthritis (in short RFQMR technology). The petitioner accused had supplied the equipment which is known as CYTOTRON . After prolonged research, sufficient results had emerged. The complainant had published his achievements in various Journals. Thereafter, the complainant took voluntary retirement and started Health Care Unit under the name and style as M/s. SBF Healthcare Pvt. Ltd. The accused being an Engineer has caused the publication of a book titled Cytonics A mystery of the living cell and in the said book, he had reproduced the verbatim of a research paper authored by one of the eminent scientists of USA Mr. Steve Haltiwanger, MD, C.C.N., from page Nos.1 to 81. In respect of the said violation of the copyright, legal action is taken by the copyright owner.

6. The complainant-respondent has caused a legal notice dated 16.06.2008 to the accused petitioner drawing his attention about the plagiarization of the research material of the complainant-respondent. Thereafter, the accused started threatening the complainant that he would fix the complainant in false criminal cases. Apprehending threat of arrest, the complainant obtained anticipatory bail from the Principal Sessions Court, Bengaluru Rural District, Bengaluru. The complainant holds the copyright over the research publication on Cancer in the prestigious international renowned Journal. The accused is not a qualified Doctor, he being an Engineer is making commercial use of the research of the complainant by embarking upon a mission to make undue pecuniary gain to himself. The petitioner accused has committed theft of research material of the complainantrespondent and has also plagiarized the research material of the complainant, thereby he has committed offence under Sections 51 and 63 of Copyright Act, 1957 and Section 379 and 420 of IPC.

7. On going through the allegations made in the complaint and the sworn statement of the complainant, the Magistrate has passed the impugned order, which is challenged by the petitioner.

8. Crl.P. No.3757/2012 pertains to P.C.R. No.12658/2008. The allegations in the said P.C.R. are that the accused No.1 being an Engineer had no role whatsoever to play in medical research of Osteoarthritis and