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Himachal Pradesh High Court Dismisses Petition to Quash Copyright Infringement FIR Against Dr. Ena Sharma, Emphasising Investigation Cannot Be Stifled at Initial Stage in Complex Academic Research Disputes

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Court’s Decision

The Himachal Pradesh High Court dismissed the petition seeking quashing of the FIR registered under Section 63 of the Copyright Act against Dr. Ena Sharma, holding that the allegations, if accepted on their face value, disclosed the commission of a cognisable offence. The Court ruled that investigation cannot be scuttled at the threshold merely on disputed facts and that copyright issues in academic publications involve mixed questions of fact and law that require investigation.


Facts

A Senior Resident at Dr. Y.S. Parmar Medical College, Nahan, lodged a complaint alleging that her X-ray images, surgical images, intraoperative images, and research material published in the International Journal of Advanced Research (IJAR) were used without permission in an article co-authored by Dr. Ena Sharma and published in the Journal of Pharmaceutical Research International in February 2021. Based on this, an FIR under Section 63 of the Copyright Act was registered. Dr. Sharma filed a petition to quash the FIR, claiming the images belonged to Dr. Amit Lakhani, who had authored both studies, that the abstract was incorrect in the first article, and that the publication rights had been assigned to IJAR.


Issues


Petitioner’s Arguments

Dr. Ena Sharma argued:


Respondent’s Arguments

The State argued:

The complainant contended:


Analysis of the Law

The Court analysed:


Precedent Analysis

Key precedents referred:


Court’s Reasoning

The Court held:


Conclusion

The petition for quashing the FIR under Section 63 of the Copyright Act was dismissed. The Court directed that:


Implications


Brief Note on Cases Referred


FAQs

1. Can the High Court quash an FIR in a copyright infringement case at the investigation stage?
Only in exceptional cases; if the allegations disclose a cognisable offence, the investigation should proceed.

2. Who can file a copyright infringement complaint in criminal law?
Anyone, including a joint author, can initiate criminal proceedings for copyright infringement.

3. Does a dispute over copyright in academic research warrant police investigation?
Yes, if the allegations disclose a prima facie case of copyright infringement, investigation can proceed.

Also Read: Sikkim High Court Directs Continuation of Interim Protection for JRA Infrastructure Against Coercive Steps by Union of India While Dispute Redressal Committee Proceedings Continue, Declining Immediate Arbitration Reference Pending Pre-Arbitration Process

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