JUDGMENT

Aman Chaudhary, J.

Present petition has been filed under Section 482 CrPC for quashing of the FIR No.0193 dated 29.07.2021 registered under sections 63 and 65 of the COPYRIGHT ACT , 1957 (for short 'the Act, 1957') at Police Station Narwana City, District Jind.

2. Briefly put the facts of the case are that complainant Dalip Kumar S/o Sh. Nanak Chand R/o H.No.72, Ward No.9, Near Model Town, Anandpur Sahib is an authorised investigating officer of M/s RK Associates, which claims the authorization of M/s Supreme Industries Ltd. to take action against the people who are manufacturing, selling or supplying pipes under the name of M/s Supreme Industries Ltd. On 29.07.2021, the complainant along with his team, conducted a survey of market in Narwana including petitioner's shop. The complainant allegedly found out that the petitioner is selling and supplying pipes under the name of their authorising company M/s Supreme Industries Ltd. He informed the Station Incharge and thereafter, the complainant along with ASI Pawan Kumar 368, ASI Bhim Singh 858, Constable Sachin Kumar 542 reached at the shop of 'Subhash Chand and Sons' Prem Kabadi Wali Gali, Narwana on government vehicle No.HR-31-P-9157 driven by Constable Abhishek No.666. The shop owner Deepak s/o Subhash Chand r/o Narwana was present in his shop. The complainant alongwith police officials checked the material at the shop and during the checking of the shop, 19 bundles of 1 inch pipe of green colour, 39 bundles of 1 inch pipe of blue colour, 5 bundles of 1 inch pipe of white colour and 13 bundles of ¾ inch pipe of blue colour were found on which the mark Supreme was depicted. From the aforesaid bundles as mentioned in the complaint, one bundle of the pipe was separated, as sample and the rest of the bundles of the pipes were packed in the 13 white gunny bags. The sample and the rest of the bags were duly stamped by the stamp PK/1 and were handed over to ASI Bhim Singh. All 13 bags containing pipe bundles and sample were taken into possession by the police.

3. Learned counsel would submit that as per the allegations against the petitioner, spurious pipes were found in his possession, purportedly manufactured by M/s Supreme Industries Limited, which does not attract the offences under Sections 63 and 65 the Act, 1957. It is his further submission while referring to the photographs of the pipes, Annexure P-2, that even otherwise, the said pipes had a distinct label of 'Supreem White Gold' whereas the label used by the above industries is 'Supreme Driti'. He relies on the judgments passed by this Court in the cases of Anil Kumar v. State of Punjab and another, 2011 (18) RCR (Criminal) 304 and Gurmukh Singh and another v. State of Punjab, 2011 (18) RCR (Criminal) 308.

4. Learned State counsel while referring to the status report filed in the present case submits that after conclusion of the investigation, challan was presented in the present case on 25.11.2021 and the case was posted for consideration on charge. The ingredients of the offences are fulfilled. He prays for dismissal of the petition.

5. Despite service none appears for respondent No.2-Sh. Dalip Kumar son of Sh. Nanak Chand, Investigation Officer, RK Associates, Roopnagar, Punjab.

6. Heard the learned counsel for the parties.

7. It is apposite to make a reference to Section 13 of the Act, 1957, which read thus:

Section 13: Works in which copyright subsists:

(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say:

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recording.

(2) to (5) xx xx xx xx xx

8. In the case of M/s Bikaner Steel Mills v. State of Punjab , 2007 (1) RCR (Criminal) 773, FIR had been registered under Sections 420 IPC, 63 and 64 of the Act, 1957 and 79 of TRADE AND MERCHANDISE ACT on a complaint submitted by the Central Coordinator Br