Copyright Act | Merely Because A Civil Dispute Is Being Fought Between Parties, Criminal Proceedings Cannot Be Halted: Karnataka High Court

Observing that the Copyright Act provides for both civil remedy and filing of criminal prosecution, the Karnataka High Court said that merely because a civil dispute is being fought between the parties, the criminal proceedings cannot be halted.

A single judge bench of Justice Krishna S Dixit said:

“The infringement of a copyright gives rise to a cause of action on which a civil proceeding like an Injunctive Suit can be structured; it also can give rise to a cause of action for the institution of a criminal proceeding; in the former, it is preventive, remedial, compensatory or otherwise, whereas, in the latter, it is primarily punitive. The object, nature & outcome of these proceedings, thus are not the same. That is how the statutory scheme is enacted by the Parliament. Merely because a civil dispute is being fought between the parties, the criminal proceedings cannot be halted, per se, on that ground.”

The bench made the observation while allowing the petition filed by M/s Mangalore New Sultan Beedi Works, which had approached the court alleging that probe in the FIR filed by it has been kept in a cold storage by the police, presumably because of pendency of its civil suit wherein an order of Temporary Injunction has been secured against the accused.

The petitioner contended that the charging provisions of the Copyright Act, 1957 more particularly Section 63 are structured in such a way that the same fact matrix may give rise to a cause of action for civil suit and for a criminal proceeding. That being the position, it was submitted, the jurisdictional police have to undertake & accomplish the investigation on a war footing, brooking delay in matters like this not being desirable.

However, the government advocate submitted that ordinarily where there is a civil dispute, the police advisedly keep away from interference and this is consistent with a catena of decisions of this Court and of the apex court.

Referring to Section 55 and Section 63 of the Act, the bench said:  “The Act provides for both civil remedy and criminal prosecution, in the case of such an infringement. The outcome of one does not depend upon the outcome of another, subject to all just exceptions.”

The court said the reluctance of the police to process the complaint may not be correct and directed it to undertake & accomplish the investigation in the subject offence within an outer limit of three months.

"Delay if brooked may result into an adverse entry being made in the Service Records of the concerned police official," said the court.

Case Title: M/s Mangalore New Sultan Beedi Works And State of Karnataka & Others

Case No: WRIT PETITION NO. 10870 OF 2023

Citation: 2023 LiveLaw (Kar) 201

Date of Order: 31-05-2023

Appearance: Senior Advocate P.P. Hegde for Advocate Venkatesh Somareddi for petitioner.

AGA B V Krishna for respondents.

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