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.

ORDER :

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.II – 115 of 2016 registered with Panchkoshi "B" Division Police Station, Jamnagar for the offences punishable under Sections 63 , 65 and 69 of the Copy Right Act, 1957 as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

2. Brief facts of the case are as under:-

2.1. The petitioners are running partnership firm in the name of Radekrishna Products and doing business of producing, processing, selling and marketing different type of edible lime for betel nut pan and pan masala at Jamnagar. The petitioners are selling their product under different brand names i.e. BABU, NEW PATEL, SHRI BHOLE BAPA. The petitioners are using trademark "BABU" since 2006 and upon request of petitioners trademark "BABU CHUNA" came to be assigned in favour of the petitioners. Respondent no.2 on 30.07.2012 instituted Civil Suit against the petitioners being Civil Suit No.4 of 2012 for infringement and against use of BABU artistic label. The petitioners on being served with summons appeared and also filed application under Order VII Rule 11 of CPC raising manifold contention. As on date, the suit is pending. Thereafter, petitioners gathered information that respondent no.2 is using trademark "BABU" and therefore, petitioners filed Regular Civil Suit No.7 of 2012 as respondent no.2 committed act of infringement of registered trademark. Respondent no.2 appeared in the said suit and while the two suits were pending, respondent no.2 not being successful in getting any injunction in his favour, filed complaint before Panchkoshi "B" Division Police Station, Jamnagar being II-C.R.No.141 of 2012 under the provisions of Copy Right Act. That filing of charge-sheet culminated into registration of Criminal Case No.1085 of 2013.

2.2. That the petitioners thereafter filed a petition before this Hon'ble Court being Criminal Misc. Application no. 19369/2013, whereby the petitioners have challenged the complaint being II- CR No. 141/2012 filed by the respondent no.2 against the petitioners before Panchkoshi "B" Division Police Station, Jamnagar as well as filing of the charge-sheet and the proceedings of Criminal Case no. 1085/2013 pending before the Court of learned Chief Judicial Magistrate, Jamnagar. The petitioners state that this Hon'ble Court, vide order dated 04.12.2013, was pleased to issue notice to the respondents. That, though the respondent no.2 was served, did not appear. That, as on date, the above-referred petition being Criminal Misc. Application no. no. 19369/2013 is pending consideration before this Hon'ble Court.

2.3. That the respondent no.2, on 08.10.2013, has filed a complaint before Rajkot Taluka Police Station being II-CR No. 89/2013 against one Shri Umeshbhai Ravjibhai Nasit and Shri Maheshbhai Dhanjibhai Ramani under the provisions of Section 63 , 65 and 69 of the COPYRIGHT ACT , inter-alla, alleging that the said accused named therein are infringing his copyrighted article which has received protection under registration no. 100015/2013. The petitioners state that the said accused namely Shri Umeshbhai Ravjibhai Nasit and Shri Maheshbhai Dhanjibhai Ramani has preferr