Ujjain : The court of 3rd additional sessions judge (ADJ) here has discharged one Mahesh Panwar under Section 63 of the Copy Right Act and Section 420 of the IPC.
According to the case, the Chimanganj Mandi police had made Mahesh Panwar and Ajay Panwar as accused and a first class judicial magistrate (JMFC) Narendra Patel had framed the charge against the said accused. The FIR was lodged by one Kishore Chhabra, who accused them for manufacturing the vacuum machines despite a fact that only Chhabra can manufacture and sale them as he had a patent right. Mahesh Panwar had filed a criminal revision before the 3rd ADJ NP Singh.
In his order, the ADJ noted, “Since the violation of patent right is a civil wrong, therefore, the accused could not be prosecuted for violation of the Copy Right Act… once patent right is granted, the Copy Right Act comes to an end.” The order also added , “No literature of literally work has been filed along with the complaint…the literally work does not mean what is written on machine itself.”