These two applications arise out of the same proceedings and we propose to decide them by one order.

The facts giving rise to the present proceedings may be briefly summarised as follows :-

The complainant Ali Mohamad who is an Assistant Registrar of the Jammu and Kashmir University, Publication Branch, filed a complaint against the petitioners on the allegation that by publishing notes on certain books namely, Modern English Prose, Foot Hills Gathering Bunds, Selection Prose and Little Treasure of English Verse the petitioners have infringed the Copy Right of the University and have thus committed offence under Section 63 of the Copy Right Act. The petitioners Nos. 1 and 2 are the proprietors of the press where the notes to these books were published and the petitioner No. 3 is the person who bad prepared these notes. The petitioners came up to this court in order to quash the proceedings on the ground that on the allegations made in the petition of complaint no case for criminal prosecution has been made out. It has been submitted by the petitioners that the notes did not constitute a colourable imitation of the original books but fall within the purview of fair dealing an