LAWS(GJH)-2023-6-1291

ATULBHAI RASIKBHAI DUDHWALA Vs. STATE OF GUJARAT

Decided On June 27, 2023
Atulbhai Rasikbhai Dudhwala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. Sachin D. Vasavada, learned counsel for the petitioners, and Mr. Dhavan Jaiswal, learned Assistant Public Prosecutor for respondent Nos.1 - State as well as learned advocate Mr. Apurva A. Dave for respondent No.1. Though served none appears for respondent No.3.

(2.) The present petition is filed for seeking following prayers:-

(3.) Learned counsel for the petitioners has taken this Court to the factual matrix arising out of the application and also taken this Court through the impugned FIR and contended that the allegations leveled in the impugned FIR are on basis of the fact that the complainant himself is an authorized person to carry out all procedure of infringement of any copyright. The allegations against the petitioners are that the petitioners are selling duplicate spare-parts of the Hyundai Company. It is pointed out that even though respondent No.2-First Informant was neither having any authorization under the law nor any assignment in his favour, with the help of police without any warrant ransacked the shop of the petitioners and used abusive language upon the father of the petitioners and took the movable valuables.