MARUTI UDYOG LTD Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Cr. PC, 1973 seeking quashment of the Criminal Complaint filed by the respondent No. 1 state of M. P. through Inspector, Weights and Measures, Ujjain, Madhya pradesh vide Criminal Complaint Case No. 2052/2004 against the petitioners and respondent Nos. 2 to 4 who are the proforma defendants and according to the petitioners, respondent Nos. 2 to 4 are not interested in the petition for quashing the proceeding.

(2.) IN nutshell the facts in the complaint filed by the respondent No. 1 are that on 10-3-2004, Inspector, Weights and Measures, Ujjain had purchased two Spark Plug from Surya Automobiles and Car Decor, Nagori Plaza, Tower chowk, Freeganj, Ujjain. The Inspector, Weights and Measures, Ujjain found printed on the packing of Spark Plug alongwith other declarations, name of "maruti Udyog Limited" by which he presumed that Maruti Udyog Ltd. were manufacturing these plugs but on opening the packed commodity, the word "mico" was embossed on plug. According to Inspector, Weights and Measures/respondent No. 1, it appears that MICO was manufacturer. On the package, by not writing the name of the manufacturer and only mentioning maruti Udyog Ltd. , causes confusion. The respondent No. 1 filed a criminal complaint before the learned CJM, Ujjain, in which it is alleged that on the seized package following declaration was mentioned:-"part Name - SPARK PLUG, Qty.- 1 Pa, Part Number -09482m00131, MRP Rs. /pc.- 46. 02 (inclusive of Taxes) February, 2004, Maruti Udyog Ltd. , Palam Guregaon Road, Haryana-122015. "

(3.) THE above mentioned declaration on the package was not show-ing for what purpose "february, 2004" was written and whether the Maruti udyog Ltd. was manufacturer or Packer of the packaged commodity was also not written and on opening of the package, there was spark plug on which MICO was embossed. On the basis of these declarations, it was confirmed that Spark plug was manufactured by MICO Company and on the package only Maruti udyog Ltd. , was written which creates confusion to the consumer.