BHUPESH GOYAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Art. 226 of the Constitution of India challenging the registration of FIR No. 739/2018 at police station City Kotwali, Durg alleging commission of offence under Sec. 420/34 of IPC read with Sec. 63 of the Copyright Act, 1957 and Sec. 29 of the Trade Marks Act, 1999, subsequent submission of final report before the Chief Judicial Magistrate, Durg which is registered as Criminal Case No. 36770/2018. The police has filed charge-sheet before the Chief Judicial Magistrate, Durg on 30/11/2018.

(2.) The brief facts as projected by the petitioners are that respondent No. 3, who is the owner of Jain Chuski Chai, has filed complaint before the Police Station, City Kotwali, Durg on 14/9/2018 alleging that the petitioners were projecting their products as 'Goyal Chuski Chai' which is violation of the Copyright Act. They are using his name without being registered before Registrar, Trade Marks. This is causing financial loss to them, therefore, FIR has been lodged. 'Jain Chuski Chai' is registered with Registrar, Trade Marks as well as Registrar, Copyright bearing Copyright registration No. is 87652/2009 dtd. 26/11/2009 and Trade Mark No. is 2109668 dtd. 4/3/2011 respectively. On the basis of complaint, the police has conducted raid on godown of the petitioners where wrappers printed with Goyal Chuski Gold filled with tea leaf were seized. The police took statement of the accused and found that offence under Sec. 63 of the Copy Right Act as well as offence under Sec. 29 of the Trade Marks Act, 1999 has been committed by the petitioners, therefore, offence under Sec. 420,34 IPC read with Sec. 63 of the Copy Right Act, 1957 and Sec. 29 of the Trade Marks Act have been registered against the petitioners.

(3.) On the above factual matrix, the petitioners have filed present writ petition (criminal) challenging the registration of FIR and subsequent filing of final report contending that the petitioners have falsely been implicated in the case, as the petitioners have already filed application for rectification before Registrar, Trade Marks on 10/9/2018 for registration of their tea leaf products, the application is still pending before the Registrar, Trade Marks, so, the registration of FIR is counter blast by respondent No. 3 against the petitioners. The petitioners have not committed violation of any Act.