DHARAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dharam Pal petitioner who is proprietor of Bobby Book Depot Malerkotla, Sangrur has invoked the inherent powers of this court under Section 482 of the Code of Criminal Procedure for quashing First Information Report No. 85 dated 22.5.1991 registered at Police Station Malerkotla under Section 420/467/468 and 471 of the Indian Penal Code and Sections 63 and 68 of the Copy Right Act.

(2.) Brief facts of the case necessary for the disposal of this petition are that on 20.6.1990 Manager, Text Book Sale Depot, Punjab School Education Board Sangrur, sent a letter to the Senior Superintendent of Police, Sangrur to the effect that he had inspected the shop of the petitioner on three occasions and every time the petitioner was found in possession of factious books i.e. Nawin Punjabi Pustak, Math-3 Punjabi, Hindi Preveska and Punjabi Preveska So necessary action may be taken against him. On receipt of this letter the Senior Superintendent of Police held a discussion with Shri Zora Singh, Manager Text Book Sales Depot Sangrur, and found that School Board printed and published book for students with reserve copyrights. During surprised checking by the official of the Punjab School Education Board Mis Bobby Book Depot Malerkotla was found in possession of forged books for sale other than those published by the Punjab School Education Board. He had thus cheated the students and the School Board and committed offences punishable under Sections 420, 471, 484, 486 of the Indian Penal Code and Sections 66 and 68 of the Copy Right Act. Station House Officer, Police Station, Malerkotla was therefore, asked to register a case which was actually registered on 22.5.1991.

(3.) The petitioner alleged that he sold old and new books in his shop as also stationery articles. He purchased the books for sale from the whole sellers as well as from the students. He had not got printed or published any forged books nor he had violated any property mark. The allegations made in the First Information Report did not disclose the commission of any offence and prima facie no case was made out against him. The officials of the School Education Board raided his premises in April, 1989 and March, 1990 whereas the First Information Report was registered on 22.5.199 1 and this delay was not explained. The apparent reason for delay was that no case was made out but subsequently at the instance of interested persons the case was registered in a malafide manner.