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SANDEEP N. BHATT
Mayur Kanaiyalal Shah – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding applicability of the copyright act. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of relevant legal provisions. (Para 7 , 8 , 10) |
| 4. established ratio applicable to the case. (Para 9 , 11) |
| 5. conclusion quashing the fir and related proceedings. (Para 12 , 13) |
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent –States. Heard Mr. Sachin D. Vasavada, learned counsel for the petitioner, and Mr. Chintan Dave, learned Additional Public Prosecutor for respondent Nos.1 – State Though served none appears for respondent Nos.2 & 3.
2. The present petition is filed for seeking following main prayers:-
B. Your Lordships may be pleased to quash and set aside the FIR registered as Crime Register No. 25/2014 at Annexure C and the criminal case.
C. Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the pending criminal proceedings and further be pleased to stay the FIR registered as Crime Register No. 25/2014 dated 11/07/2014 and further proceedings
No prima facie case exists for copyright infringement in the sale of duplicate spare parts; FIR is quashed as an abuse of the court's process.
Successive acts of copyright infringement provide fresh cause of action; courts exercise quashing powers sparingly, primarily focusing on whether the allegations constitute a cognizable offense.
Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence.
An intermediary, such as the petitioner, is entitled to claim protection under Section 79 of the I.T. Act when compliance with the 'due diligence' requirement under Rule 3 of the I.T. Guidelines is e....
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