Dr. Ena Sharma Vs. State of Himachal Pradesh:
Court: High Court of Himachal Pradesh, Shimla:Case Number: Cr. MMO No. 242 of 2023:Neutral Citation: 2025:HHC:19863:Date of Order: 26th June, 2025:Judge: Hon'ble Mr. Justice Rakesh Kainthla
Brief Facts:
The complainant, a doctor and co-author of a 2017 research article in IJAR, alleged that her article’s images and research content were misused without consent in another article published in 2021 by Dr. Ena Sharma in JPRI.
The FIR was filed under Section 63 of the Copyright Act, 1957, alleging copyright infringement.
Dispute:
Petitioner’s Contention: The material used in the second article was based on a distinct study conducted by Dr. Amit Lakhani (husband of the complainant). The complainant had no independent copyright. The articles were different, and the petitioner merely did statistical analysis.
Respondent’s Contention: The complainant asserted copyright infringement of images and research data from the earlier article, to which she was a co-author. The use in the second article was without her or the journal’s consent.
Discussion by the Judge:
The Court reviewed that the copyright had been assigned to the first journal (IJAR), and therefore neither the complainant nor her husband could reuse the material.
A comparison of the articles showed prima facie similarity in some images, indicating possible infringement.
The Court cited principles from landmark cases including B.N. John v. State of U.P., Ajay Malik v. State of Uttarakhand, and Neeharika Infrastructure v. State of Maharashtra, emphasizing the need for restraint in quashing FIRs at the investigation stage.
The Court also dismissed the argument regarding lack of locus standi, holding that anyone can set the criminal law in motion, and the complainant was not barred from filing the complaint.
