' ABDUL SAMI KHAN, J. -- Through this petition in terms of Article 199 of the Constitution of Islamic Republic Pakistan, 1973, read with Section 561-A, Cr.P.C. The petitioner has prayed for quashing of F.I.R. No, 15/2014, dated 27.2.2014 under Sections 420, 406, 486, 109, PPC read with Sections 66, 66-A of the Copyrights Ordinance, 1962 registered at Police Station FIA Crime Circle, District Rawalpindi.
2. Learned counsel for the petitioner contends that the petitioner has falsely been involved in this case by the complainant with mala fide intentions in connivance with the FIA Police. According to the preamble of Federal Investigation Agency Act, 1974, the purpose of the Act was to set up an Investigation Agency to investigate into offences committed in connection with the matters relating to Federal Government and the matters connected therewith. The FIA has absolutely no jurisdiction to interfere into instant matter as it is purely between private parties i.e, Oxford University Press and the petitioner and the Federal Government has nothing to do with this matter.
A civil matter has wrongly been converted into criminal matter which is against law and facts available on record. The mala fide of the FIA is manifest from the fact that the offences with which the petitioner is charged are not attracted in this case as per allegations levelled by the complainant against the petitioner. Although according to Section 26 of the Federal Investigation Agency Act, 1974, FIA has been empowered to proceed in the cases pertaining to violation of Copyright Ordinance, 1962 and. The FIA can take cognizance of such cases where violation of some Government work is involved but the FIA has no jurisdiction with regard to infringement of Copyright between private parties or disputes which are of civil in nature. Even otherwise no Government work is involved in the instant case as defined in Section 13 of the Copyrights Ordinance, 1962. Hence, the instant F.I.R. Be quashed to meet the ends of justice. Learned counsel for the petitioner has relied upon PLD 1969 Lahore 463, PLD 1972 SC 279, 1999 P.Cr.L.J. 1584 and PLD 2007 SC 571.
3. On the other hand learned Standing Counsel assisted by learned Legal Advisor to respondent No, 3 has controverted the contentions of learned counsel for the petitioner and contends that the complainant has absolutely no reason to falsely involve the petitioner in this case. Oxford University Press/respondent No, 3 is a multi-national company and has spread its business all over the world.
Oxford is registered under the Copyright Ordinance, 1962 and Section 56 of the Copyright Laws in Pakistan provides for copyright infringement. The books of Oxford University Press took into possession by the FIA from the shop of the petitioner were being sold without any sale invoice from the Oxford University Press and were found pirated during investigation. FIA has jurisdiction to proceed against the petitioner under the Copyright Ordinance, 1962, as provided under Section 26 of the Federal Investigation Agency Act, 1974. Moreover, Pakistan is a member of certain International Convention. And Treaties on Copyright and related rights e.g. Berne 'Convention on the Protection of Literacy and Artistic Works, Universal' Copyright Convention and WTO Agreement on Trade 'Related Aspects of intellectual Property Rights and in this eventuality under the Intellectual Property Organization of Pakistan FIA has the jurisdiction' to enforce the Copyright Laws in Pakistan in respect of foreign work as; the copyright is protected in Pakistan through International Agreements. The investigation of The ease is complete and challan in the instant case has been prepared, The petitioner has got the alternate remedy before the learned Trial Court, for the redressal of his grievance. Hence; this petition be dismissed.
4. I have heard the learned counsel for the, parties and have also gone through the record of this case with their able assistance. It has been noticed, by this Court that the petitioner has been booked in this case by the FIA on the written application of Oxford University Press/respondent No, 3 whereupon raiding party was constituted by the competent authority and the raiding party of HA raided the shop of the petitioner and took into possession books of Oxford University Press which were being sold by the petitioner, without any invoice of books from the Oxford University Press and these books were found as pirated books during investigation. It has further been noticed by this Court that the Federal Investigation Agency has been empowered to interfere into the matter of infringement of Copyright Laws in Pakistan as provided in Section 26 of the Federal Investigation Agency Act, 1974, which is reproduced. As under:- "26. Offences punishable under the. Copyright Ordinance, 1962 (XXXIV of 1962)."
' Moreover, Oxford University Press, a multi-national , company, is registered under the Copyright Laws in Pakistan and Pakistan being member of International Treaties e.g. Berne Convention on the Protection of Literacy and Artistic Works, Universal Copyright Convention (UCT) and WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is bound to protect copyright in Pakistan in respect of foreign work through the International Agreements. Under the UNESCO World Anti-Piracy Observatory based on information provided by Intellectual Property Organization of Pakistan, FIA has been empowered to enforce the Copyright Laws in Pakistan in respect of foreign work and both civil as well as criminal remedies are available to the copyright holders, in Pakistan. FIA has not exceeded its jurisdiction to interfere into this matter. It has been noticed by this Court that the F.I.R. Has been registered after fulfilling the legal procedure and during thorough investigation the petitioner has been found involved in this case by the Investigating Officer. The petitioner can agitate his grievance before the learned Trial Court at the time of framing of charge. Even otherwise challan in the instant case has been prepared and is ripe for submission in the learned Trial Court, so the petitioner may avail the appropriate remedy before the learned Trial Court at appropriate stage for the redressal of his grievance The case-law relied upon by the learned counsel for the petitioner is not applicable to the facts and circumstances of this case.
5. For what has been discussed above, this petition has got no force and the same is hereby dismissed.