SENTHILKUMAR Vs. STATE REP

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.9 of 2018, on the file of the Judicial Magistrate Court No.III, Thoothukudi.

(2.) The case of the petitioner is that he is the Manufacturer of Iodized Salt in the name and style of 'Anandhapurani', which is accepted by the Registrar of Trade Marks and advertised. In the said circumstances, the second respondent herein by falsely alleging that he is working as Manager of Anvesh IPR Services at Bangalore and he had been authorized to give complaint on behalf of M/s.Hindustan Unilever Limited, lodged a complaint before the first respondent police on 11.11.2017 alleging that the petitioner herein infringed the copyright in respect of the product namely, Annapurna Salt, which is manufactured by M/s.Hindustan Unilever Limited.

(3.) The further case of the petitioner is that on receipt of the compliant from the second respondent, a case has been registered against the petitioner in Crime No.329 of 2017, for the offence under Section 51(b)(i) read with Section 65 of the Copyright Act, 1957. After completing the investigation, the first respondent herein filed final report before the Judicial Magistrate Court No.III, Thoothukudi, on 23.11.2017, in which, he alleges that the petitioner herein had committed the above said offence. Subsequent to that, the learned Judicial Magistrate No.III, Thoothukudi, took cognizance of the offence on 06.02.2018 in S.T.C.No.9 of 2018 and issued summon to the petitioner, for answering the above said charge. Therefore, the petitioner is before this Court with the present petition seeking to quash the charge sheet in S.T.C.No.9 of 2018, pending on the file of the Judicial Magistrate Court No.III, Thoothukudi.