KNIT PRO INTERNATIONAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 25/11/2019 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) No.3422 of 2018 by which the High Court has allowed the said writ petition and has quashed the FIR bearing No.431 of 2018 filed against the respondents for the offences under Ss. 63 and 65 of the Copyright Act, 1957 (hereinafter referred to as 'Copyright Act'), the original complainant has preferred to the present appeal.

(2.) That the appellant herein filed an application under Sec. 156(3) Cr.P.C. and sought directions from the learned Chief Metropolitan Magistrate for the registration of FIR against the respondent No.2 herein for the offences under Ss. 51, 63 & 64 of the Copyright Act read with Sec. 420 of the IPC. By order dtd. 23/10/2018, the learned CMM allowed the said application and directed the concerned SHO to register the FIR under the appropriate provision of law. That pursuant to the said order, FIR bearing No.431 of 2018 came to be registered with PS Bawana. That thereafter respondent no.2 herein - original accused filed the present petition before the High Court with a prayer to quash the criminal proceedings on various grounds. However, at the time of hearing, the original writ petitioner - accused prayed to quash the criminal proceedings on the sole ground that the offence under Sec. 63 of the Copyright Act is not a cognizable and a non-­bailable offence.

(3.) Mr. R.K. Tarun, learned counsel appearing on behalf of the appellant has vehemently submitted that the High Court has committed a grave error in observing and holding that the offence punishable under Sec. 63 of the Copyright Act is a non-­cognizable offence and it does not fall within Part II of the First Schedule of the Cr.P.C.