Case Note & Summary
The applicants (Maroti Kamlapure, Vitthal Bayas, and Chaya Shinde) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 74/2018 registered at Vimantal Police Station, Nanded for offences under Sections 63 and 65 of the Copyright Act, 1957 and Section 420 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by Karbhari Bhutekar on behalf of his wife Indubai Bhutekar, who runs Nobel Academy and Nobel Publications and holds copyright registration for books titled 'Nobel Maths' and 'Nobel 156 Compilation of Question sets for recruitment of Police Force' (registration no. 65156/2017 dated 22.3.2017). The complainant alleged that the applicants, through Varsha Publications Nanded, published a book titled 'Compilation of 250 Mahajumbo Question Papers 2018' which copied 70 pages from the complainant's registered books. The applicants sought quashing on the ground that the complainant's copyright registration is for a compilation of questions, and the alleged infringing book contains different questions and material. The court examined the FIR and the material on record, noting that the complainant's registration is for a compilation of questions for competitive examinations, and the applicants' book is also a compilation of question papers. The court observed that copyright in a compilation does not extend to the individual questions or ideas, but only to the selection and arrangement. The court found that the FIR did not specify which portions were copied, and the mere similarity in subject matter or compilation of questions does not constitute infringement. The court also noted that the offence under Section 420 IPC requires dishonest intention from the inception, which was not made out. The court held that continuing the proceedings would be an abuse of process of law. Accordingly, the court allowed the application and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR quashed where allegations do not disclose prima facie offence under Copyright Act or IPC - Held that the court can exercise inherent powers to prevent abuse of process when the FIR is frivolous and lacks substance (Paras 1-10). B) Copyright Law - Infringement - Sections 63 and 65 of Copyright Act, 1957 - Requirement of Substantial Copying - Mere similarity in subject matter or compilation of questions does not constitute infringement unless there is substantial copying of the original work - Held that the complainant's registration for a compilation of questions does not give monopoly over all similar compilations (Paras 3-8). C) Indian Penal Code - Cheating - Section 420 IPC - Dishonest Intention - For an offence under Section 420, there must be dishonest intention from the inception of the transaction - Held that mere sale of a book similar in subject matter does not amount to cheating without evidence of fraudulent misrepresentation (Paras 5-9).
Issue of Consideration
Whether the FIR alleging copyright infringement and cheating should be quashed under Section 482 CrPC when the complainant's copyright registration is for a compilation of questions and the alleged infringing book contains different material?
Final Decision
The court allowed the application and quashed FIR No. 74/2018 registered at Vimantal Police Station, Nanded, for offences under Sections 63 and 65 of the Copyright Act, 1957 and Section 420 of the Indian Penal Code, 1860.
Law Points
- Copyright infringement requires substantial copying
- not mere similarity
- Quashing under Section 482 CrPC for abuse of process
- Sections 63 and 65 of Copyright Act
- 1957 require proof of infringement
- Section 420 IPC requires dishonest intention from inception
