SATPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C for quashing of FIR No. 29 dated 17.02.2009 registered at Police Station Salem Tabri, Ludhiana under Sections 51, 52, 63 and 64 of the Copyright Act, 1957 read with Section 420 IPC and all subsequent proceedings arising therefrom.

(2.) BRIEF facts of the case are that respondent No. 3, complainant Chamkaur Singh was the employer of petitioner No. 1 who was working under him as Manager for five years from the year 2001 to 2006. Petitioner No. 2 was also working as his Distributor and therefore, both the petitioners are known to each other. Respondent No. 3 was running an Ayurvedic Centre and manufacturing Ayurvedic drugs under License No. 573-AY-PB Crl. Misc. No. M-23090 of 2009 2 issued under the Drugs & Cosmetics Act, 1940 by the Ayurvedic Department of the Government of Punjab.

(3.) WHILE praying for quashing of FIR, learned counsel for the petitioners raised his first argument that a plain reading of the FIR would show that no offence is made out under the Copyright Act, 1957 as the object and reasons of the Copyright Act provide that the Act is applicable to work of art which can be dramatic in nature or literary musical or work of Architecture, painting or sculpture etc.