JAGDISH PRASAD GUPTA Vs. PARMESHWAR PRASAD SINGH

JUDGEMENT

(1.) These are three applications directed against separate orders dated 1-6-1963 passed by the Sub-divisional Magistrate, Sadar Patna, dismissing the petitions of complaint filed by the petitioner. The complainant is the petitioner in each case but the accused persons are different. One Tapan Kumar Bose (accused) as well was impleaded as opposite party 3, Criminal Revision 1601 of 1963, but the application stands dismissed against him for default and non-compliance of an order passed by this Court for the filing of the process and supplying correct address of that opposite party. The petitioner filed three petitions of complaint on 11-12-1962 for summoning the opposite parties in respect of the offences under Section 63 of the Copyright Act (14 of 1957). His case in each complaint was that the Bihar School Examination Board reserved its copyright in respect of every question paper for its secondary examination and in token of it the words "copyright reserved" were printed on each question paper for the various subjects in which the examination were held. The old question papers of the said Bihar School Examination Board were compiled together and bound in booklet form for sale so that the examinees might make use of those question papers. The petitioner was the sole proprietor of the concern named Vidya Kendra located in Muradpur Mahalla in the town of Patna and this concern published and sold books of various kinds for the convenience of the students. Vidya Kendra was appointed the sole agent for the sale of old question papers of the Bihar School Examination Board, Patna, on terms and conditions contained in the letter of Board dated 3-7-1962 and by the same letter the said Board assigned its right to the petitioner to institute actions against anv person for the infringement of the copyrights of the Board in respect of those question papers. The petitioner alleged that Parmeshwar Pd. Singh and Dilkeshwar Pd. Singh, opposite party in Criminal Revision 1600 of 1963, were the proprietors of the concern Lakshmi Pushtakalaya, Publishers and Booksellers, having their business in Chowhatta Mahalla, Patna, and they were displaying, offering for sale and selling "Free India Test Papers" containing question papers of the Bihar School Examination Board, Patna, in which the Hoard had a copyright as its owner and thus they had infringed the copyright of the said Board. "Free India Test Papers" for the year 1962-63 contained old question papers of the Bihar School Examination Board and the opposite party had sold on 4-121982 to the petitioner a copy of the said papers for Rs. 8.95 nP. and the sale of the same was continuing with the result that the Board and the petitioner had suffered loss. In the complaint against Ram Mohan Bose and others giving rise to Criminal Revision No. 1801 of 1963 the petitioner alleged that Ram Mohan Bose, Mohit Mohan Bose, Tapan Kumar Bose, Tarit Kumar Bose and Niru Kumar Bose were the proprietors of the concern Bharti Bhawan, Publishers and Booksellers, having their business premises on the Govind Mitra Road, Patna, and they were displaying, offering for sale and selling "Goiden Test Questions with Answers" containing question papers of the Bihar School Examination Board, Patna, in which the Board had a copyright as owner and as such the said accused had infringed the copyright of the Board. "Golden Test Questions with Answers" for the year 1962 and 1963 compiled separately contained old question papers of the Bihar School Examination Board and the said accused sold to the petitioner a copy of the said questions and answers for the year 1962 ior Rs. 9/- only on 1-12-1962 and the sale of the same was continuing to the detriment oi the Board and the petitioner. In the third petition of complaint giving rise to Criminal Revision No. 1602 of 1963, the petitioner alleged that Har Sahay Mehta and Din Dayal Mehta were the proprietors of the concern Mehta Book Depot, Publishers and Booksellers, and their business was located on the Khazanchi Road, Patna. The said accused were displaying, offering for sale and selling "Mehta Test Papers with Answers" containing question papers of the Bihar School Examination Board, Patna, in which the Board had a copyright as owner and as such the said accused had infringed the copyright of the Board. "Mehta Test Papers with Answers" for the year 1963 contained old question papers of the said Board and the accused had sold to the petitioner a copy of the "Mehta Test Papers with Answers" for 1983 for Rs. 9.50 nP. on 8-12-1962 and the sale of the same was continuing to the detriment of the Board and the petitioner.

(2.) The petitioner (complainant) was examined, on solemn affirmation in each case on 11-12-1962 and the Sub-divisional Magistrate by his order dated 11-12-1962 in each case directed Sri J.P. Srivastava, Magistrate first class, to enquire and report by 3-1-1963. The said Magistrate having been posted at Dinapure, the enquiry was entrusted in each case to another Magistrate Mr. A.N. Prasad. Mr. A.N. Prasad made an enquiry and be submitted separate reports dated 28-2-1963 in each case to the effect that a prima facie case under Section 63 of the Copyright Act was made out against the accused of each case and they should be summoned and put on trial.

(3.) On receipt of the said reports, the Sub divisional Magistrate heard arguments at length on behalf of the complainant and the accused persons and dismissed the complaints under S. 203 of the Code of Criminal Procedure by a separate order dated 1-6-1963 passed in each case. The main reason for dismissing, the complaints was that the petitioner failed to make-out a prima facie case that either the Bihar School Examination Board or be bad the copyright in respect of the old question papers. In other words, those question papers were set by other persons and they being the authors of those question papers, they alone had the copyright. Being aggrieved by the dismissal of the complaints, the petitioner filed three applications, Criminal Revisions Nos. 156, 144 and 158 of 1963 before the Sessions Judge of Patna for further enquiry and these petitions were heard together but he dismissed them summarily by bis order dated 20-7-1983. Hence, the petitioner has filed three applications in revision in this Court for further enquiry. The question in each case is as to whether either the Bihar School Examination Board or the petitioner or the another had a copyright and hence these petitions have been heard together and they will be governed by this judgment.