Crl. Misc. No. M-9229 of 2009. Case: Anil Kumar Vs State of Punjab & Anr.. High Court of Punjab (India)
| Case Number | Crl. Misc. No. M-9229 of 2009 |
| Counsel | For Appellant: Mr. P. S. Ahluwalia, Advocate and For Respondents: Sh. Guninder Singh Brar, A.A.G., Punjab |
| Judges | Ritu Bahri, J. |
| Issue | Trade Marks Act, 1999 - Section 115; Copyright Act, 1967 - Sections 63, 65; Indian Penal Code - Section 420 |
| Citation | 2012 (51) PTC 159 (P&H) |
| Judgement Date | Tuesday March 22, 2011 |
| Court | High Court of Punjab (India) |
Judgment:
Ritu Bahri, J. (Oral)
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The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 315 dated 14.7.2008 registered at P.S. Kotwali, Patiala under Sections 63 and 65 of the Copy Right Act, 1957 (herein after to be referred as "the Act") and Section 420 IPC.
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Respondent No. 2 visited Patiala City to conduct survey. During survey, he came to know that Anil Kumar (petitioner) son of Ratan Lal Bansal was selling fake shoes and chappals of Adidas and Reebok companies at original price, by disclosing the same to be original. Petitioner was cheating the innocent people and was causing economic and financial loss to the company as well as to the Government. He recommended that a raid should be conducted at his shop and godown, situated at House No. 5314, Rorian Mohalla, Patiala. Pursuant to registration of the F.I.R, a report under section 173 Cr.P.C was presented by the police in which the petitioner was arrayed as an accused for offences punishable under Sections 63 and 65 of the Act and Section 420 IPC. Copy of the challan is Annexure PL. Mr. P.S. Ahluwalia, counsel for the petitioner has placed reliance on the judgment of this Court in 2011 (1) RCR Crl 281, 2007 (1) RCR Crl 773 and 2002 (3) RCR Crl. 273 to contend that no offence under Sections 63 and 65 of the Copy Right Act is made out. After coming into force of Trade and Merchandise Marks Act, 1958, it would be unreasonable to add Section 420 IPC for the same very allegations which are covered by aforementioned Act.
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Mr. G.S. Brar, AAG Punjab has argued that on the complaint made by the petitioner on 14.07.2008, statement of the complainant was recorded, in which he has stated that Anil Kumar son of Rattan Lal in his shop of Century Footwear, Dooma Wali Gali, near Gher Sodhian, Patiala is selling the fake shoes and Chappals of Adidas and Reebok company at original price. In this manner, he was cheating the innocent people and was causing economic and financial loss at large scale to their company. A raid was conducted in the godown and 288 pairs of shoes of different sizes and different colours, 100 pairs of chappal upon which forged sticker of adidas company have been affixed were found. On the inner side of the recovered shoes seal of made in China, Indonesia and Korea have been affixed. Due to this, F.I.R No. 315 dated 14.7.2008 under Sections 63 and 65 of the Copy right Act, 1957 was got registered against the petitioner. During investigation, offence under Section 78/79 of Trade Mark Act was added. Challan has been presented before the trial Court on...
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