UMESH BHARATBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants have invoked the provisions of Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the complaint being II-C.R. No. 3027/12 registered with Mandvi police station, Mandvi-Kachchh for the offences punishable under sections 63 and 65 of the Copyright Act, 1957.

(2.) The facts of the case are as under:

(3.) Learned advocate, Mr. B.Y. Mankad appearing for the applicants - accused has taken me through the contents of the complaint and made submissions. In Shri Mankad's submission, apart from anything else, the plain reading of the complaint would indicate that no case for invoking the provisions of Sections 63 and 65 of the Copyright Act are made out. He submitted that in order to invoke the provisions of the Copyright Act there has to be a principal work which has to be a literary, dramatic, musical, artistic work or a cinematographic film. It could also be a sound recording, a programme, performance in which a broadcast reproduction right or a performer's right subsists.