GULAB CHAND CHANDANI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the prosecution of the petitioner under Section 420, IPC and Sections 69 and 81 of the Trade and Merchandise Marks Act, 1958 (hereinafter to be referred to as the Act ).

(2.) ON 22-3-2000 Sanjeev Marwaha submitted a report before the Station Officer, Kotwali, Sagar in which he complained that accused Gulab Chand Chandani is manufacturing plastic shoes at Sagar using the trade name "micro Art 439" which is registered in the name of Ajay Industries, New Delhi. The complainant is the Salesman in this firm. The police registered a case under Section 420, IPC. After investigation a charge-sheet has been filed against the petitioner before the Chief Judicial Magistrate, Sagar.

(3.) THE petitioner contends that the offence under Section 420, IPC is prima facie not made out and the offence, if any, would be covered by Sections 78 and 79 of the Act and that offence being "non-cognizable" the police could not investigate it without the order of the Magistrate under Section 155 (2) of the Code and therefore the prosecution should be quashed. Reliance is placed on Zahir Ahmad Vs. Azam Khan, 1996 Cr. L. J. 290 and Syed Kaleem Vs. Mysore Lakshmi Beedi Works, 1993 Cr. L. J. 232.