T.V. NALAWADE, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The present proceeding is filed under section 482 of Criminal Procedure Code for relief of quashing of F.I.R. No. 74/2018 registered with Vimantal Police Station, Nanded for offences punishable under sections 63 and 65 of the Copy Right Act, 1957 (hereinafter referred to as 'the Act' for short) and for offence punishable under section 420 of Indian Penal Code (hereinafter referred to as 'IPC' for short].

3. The report is given by one Karbhari Bhutekar for Smt. Indubai Bhutekar, his wife, who is in the business of publishing books in respect of various competitive examinations. The name of her concern is Nobel Academy and Nobel Publications. Smt. Indubai has obtained registration under the Act and its number is given as 65156/2017 dated 22.3.2017. The F.I.R. is given in respect of book published under title 'Nobel Maths' and 'Nobel 156 Compilation of Question sets for recruitment of Police Force'. It is contended that these books are registered under the Act.

4. It is the case of first informant that few days prior to the date of F.I.R., the first informant learnt that the matter which was there in aforesaid books in 70 pages was copied by Varsha Publications Nanded in their book having title 'Compilation of 250 Mahajumbo Question Papers 2018'. It is the contention of the first informant that he purchased copy of that book from New Uday Book Center, Aurangpura, Aurangabad and he confirmed that applicants have published that book and they have copied the matter which is from books registered by the first informant under the Act. It is contended that due to such act of the applicants, the sale of the book of complainant has come down and the complainant's concern has sustained loss of more than Rs.35 lakh.

5. A copy of certificate dated 22.3.2017 under the Act is produced. This certificate shows that it is in respect of literary work by name 'Nobel Maths'. The book which must have been supplied with application dated 28.3.2015 for registration is not produced even when such direction was given by this Court. In the certificate, the registration number is mentioned as L-65156/2017. A copy of book having title 'Nobel Maths' is produced, but this book is 3rd Edition of September 2017 when the book which must have been supplied to authority was printed prior to 28.3.2015.

6. The particulars of the matter copied by the applicants are given in F.I.R. The number of pages from books of the complainant are given and the number of pages from the book of the applicants are given for comparison. This Court has gone through that matter.

7. For deciding the dispute like present one, the Court is expected to keep in mind first the relevant provisions of the Act and the Court is also expected to consider the nature of the subject on which the book was published.

8. The meaning of 'author' is given in section 2(d)(i)(vi) of the Act and it is as under :-

“(d) “author” means,-

(i) in relation to a literary or dramatic work, the author of the work;

(ii) …...

(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;”

In section 2 (m) (i) of the Act, the meaning of 'infringing copy' is given and it is as follows :-

“(m) 'infringing copy' means,-

(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;

(ii) ….....

if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act”

In section 13 of the Act, the works in which copyright subsists are given. The relevant portion of the section is as follows :-

“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 l