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AMAN CHAUDHARY
Deepak – Appellant
Versus
State of Haryana – Respondent
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.H
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.
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.
The court emphasized the need for proper authorization for registering non-cognizable offenses and the requirement to establish the ingredients of the offense under IPC Section 420.
The court established that non-compliance with the Registrar's opinion requirement under the Trade Marks Act is an irregularity that does not invalidate the investigation or proceedings.
The main legal point established is that charges must be supported by evidence, and the absence of evidence can lead to the quashing of charges.
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