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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Damjibhai Hansrajbhai Gamdha – Appellant
Versus
State of Gujarat – Respondent
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 petitione
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.
FIR cannot be quashed on grounds of civil dispute if specific criminal allegations exist; civil and criminal proceedings may proceed simultaneously.
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