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2025 Supreme(Online)(HP) 4148

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Ena Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Ashok Sharma, Pawan Gautam, Gauri Sharma
For the Respondents: Lokender Kutlehria, Ajay Kochhar, Shivank Singh Panta, Varun Chauhan, Bhim Raj Sharma

Rakesh Kainthla, Judge

The petitioner has filed the present petition for quashing of FIR No. 131 of 2022, dated 19.12.2022, registered at Police Station Nahan, District Sirmaur for the commission of an offence punishable under Section 63 of Copy Copyright Act, 1957 .

2. Briefly stated, the facts giving rise toH the present petition are that the informant made a complaint to the police, asserting that she is a Senior Resident in Dr. Yashwant Singh Parmar Medical College, Nahan. She published her research article as the second author in the International Journal of Advanced Research (IJAR). She found that X-ray image, surgery image, Intraoperative image and research material were misused by the petitioner Ena Sharma, without her permission and know ledge, in the Journal of Pharmaceutical Research International (JPRI) in February 2021; hence, a prayer was made to take action in the matter.

3. The police registered the FIR and commenced the investigation.

4. Being aggrieved by the registration of the FIR, the petitioner has filed the present petition, asserting that the informant was working as an Assistant Professor in the Department of Periodontics in Maharishi Markandeshwar Medical Co

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