NAINESH CHINUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.G.M.Amin, learned counsel for the applicant, and Mr.Alkesh Shah, learned Assistant Public Prosecutor for respondent Nos.1 and 3 -State. Though served none appears for respondent No.2 -First Informant.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short), the applicant has prayed for quashing and setting aside F.I.R being C.R.No.II -3580 of 2013, registered at Himmatnagar Police Station, Dist:Sabarkantha, for the alleged offences punishable under Sections 63 and 65 of the Copyright Act, 1957 and under Sections 103 and 104 of the Trade Marks Act, 1999.

(3.) LEARNED counsel for the applicant further contended that on reading the impugned FIR as it is, no evidence as alleged has been made out. He further contended that the Copyright Act and the Trade Marks Act are not applicable in the present case for sale of the automobile goods and the goods in which the applicant deals with i.e. automobile parts, provisions of the Copyright Act are also not attracted at all. Even the provisions of the Trade Marks Act are not applicable in view of the fact that the applicant has not falsified any trade mark or he has not applied any false goods or services or any other instrument for the purpose of falsifying or of being used for the purpose of falsifying a trade mark. It is further submitted that even provisions of Section 104 of the Trade Marks Act are not applicable in the instance case.