COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) The legality and propriety of order of 22nd December, 2017 is under scrutiny in this petition.

(2.) Vide aforesaid order of 22nd December, 2017, the court concerned had returned the application under Section 115(4) of Trade Mark Act to the concerned Additional Chief Metropolitan Magistrate (hereinafter referred to as 'ACMM') with observation that the concerned court was not the link court in the chain provided in the link roster and that there is no binding Circular whereby concerned ACMM could mark the application of his own court pending investigation, even when the link MM of concerned ACMM-01 was available.

(3.) The background which led to passing of the aforesaid order of 22nd December, 2017 is referred to in this very order. The concerned Chief Metropolitan Magistrate (hereinafter referred to as 'CMM') vide order of 7th December, 2017 had concluded that even if there is no binding Circular authorizing ACMM-01 to mark the applications, still he may exercise supervisory and administrative powers over the MM qua distribution of work by virtue of Section 19 of Cr.P.C..