ANANT S/O TUKARAM TEKE Vs. STATE OF MAHARASHTRA THROUGH POLICE INSPECTOR, POLICE STATION, PETH BEED, TAL & DIST BEED

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The proceeding is filed under section 482 of Criminal Procedure Code for the relief of quashing of Regular Criminal Case No. 872/2011, which is pending in the Court of Judicial Magistrate, First Class, Beed. The case is filed by police for offences punishable under sections 420, 34 etc. of Indian Penal Code (hereinafter referred to as 'IPC' for short) and sections 27, 28, 103 and 104 of the Trad Mark Act, 1999 (hereinafter referred to as 'the Act' for short). The F.I.R. was given by respondent No. 2, for Gujrat Tea Traders Private Limited, a company from Jalna.

(3.) It is the case of complainant that it is in the business of selling tea by packing it. It has registered trademark as 'Vikram No.11' in Class 30 under No. 1198406. The complainant sells the tea in polythene packets. It is the contention of the complainant that present applicants are also in similar business and the pack of their tea is deceptively similar to the pack of complainant. It is the case of complainant that it has earned reputation as it is in the business for last 35 years and the customers who were purchasing tea of complainant are being deceived due to deceptive similarity in the packet which is being used by the applicants. It is contended that due to such activity of the applicants the sale of the complainant has come down. The applicants are doing the business at Beed.