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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Damjibhai Hansrajbhai Gamdha – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. petitioners argue abuse of process through multiple firs. (Para 3) |
| 3. respondent defends validity of fir based on continuous breach. (Para 5) |
| 4. details about the artistic work owned by complainant and its infringement. (Para 6 , 7) |
| 5. clarification on permissible acts under section 52 of the copyright act. (Para 9) |
| 6. fresh cause of action arises with each infringement. (Para 10 , 11) |
| 7. guidance from supreme court regarding quashing proceedings. (Para 12 , 13 , 14) |
| 8. no grounds found to quash fir. (Para 15) |
| 9. petition dismissed and interim relief vacated. (Para 16) |
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 partne
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.
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.
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence.
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