Case Note & Summary
The petitioners, Anand Palan and Sheetal Palan, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 93 of 2018 registered by the Margao Town Police Station against them under Sections 63B and 69 of the Copyright Act, 1957. The FIR was lodged based on a complaint by Respondent No. 3, Yogesh Jagdale, who claimed to be the Field Executive Officer of Perfect Anti-Piracy Force, alleging that the petitioners were involved in copyright infringement. The petitioners contended that the complaint was not filed by a person authorized by the copyright owner as required under Section 69 of the Act, and that the allegations did not make out the offences. The court examined the provisions of Section 69, which requires that no court shall take cognizance of an offence under the Act except upon a complaint made by the copyright owner or a person authorized by him. The court found that the complaint was filed by Respondent No. 3, who was not the copyright owner and had not produced any authorization from the owner. The court held that the FIR was an abuse of the process of law and liable to be quashed. The court allowed the petition and quashed the FIR.
Headnote
A) Criminal Law - Quashing of FIR - Abuse of Process - Sections 63B, 69 Copyright Act, 1957 - Section 482 CrPC - The petitioners sought quashing of FIR alleging copyright infringement. The court examined whether the complaint was filed by a person authorized under Section 69 of the Act. Held that the complaint was not filed by a person authorized by the copyright owner, and the FIR was an abuse of process liable to be quashed (Paras 2-10).
Issue of Consideration
Whether the FIR registered under Sections 63B and 69 of the Copyright Act, 1957, is liable to be quashed on the ground that the complaint was not filed by a duly authorized person and the allegations do not constitute the alleged offences.
Final Decision
The court allowed the petition and quashed FIR No. 93 of 2018 dated 20/06/2018 registered by respondent No.2 against the petitioners under Sections 63B and 69 of the Copyright Act, 1957.
Law Points
- Copyright Act
- 1957
- Section 63B
- Section 69
- Criminal Procedure Code
- 1973
- Section 482
- Article 226 of Constitution of India
- Quashing of FIR
- Abuse of process of law
- Authorization for filing complaint
