BACCHI DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Shri Satyaveer Singh, learned Amicus Curiae, along with learned counsel for the applicant, learned A.G.A. for the Staterespondent, and perused the material available on record.

(2.) The applicant has challenged the summoning order dtd. 29/4/2022 passed in Case No.10849 of 2022, which is pending trial before the learned Chief Judicial Magistrate, Gorakhpur. The applicant has also prayed to quash the impugned charge- sheet No.1/2021, filed in connection with Case Crime No.0395 of 2021, registered under Sec. 420 IPC, read with Ss. 63 and 65 of the Copyright Act, 1957.

(3.) In brief, the prosecution's case is that the applicant is the proprietor of a retail paint shop operating under the name Krishna Hardware Paints Centre, located at Shanti Nagar, Bichhiya, District Gorakhpur and on spot inspection by the officers of the authorised company, the applicant was found selling counterfeit Asian Paints products, and huge quantity of counterfeit paints have been recovered the applicant's shop. Whereas the applicant's case is that she had procured paint products from a wholesale distributor, namely Force Trading, situated at Dharamshala Bazar, Gorakhpur, through valid tax invoices/receipts issued at the time of purchase. The paints were sold from the applicant's retail outlet in the ordinary course of business.