SACHIN RATRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner-accused has filed this petition under Sec. 482 of Cr.P.C against the order dtd. 15/10/2016, in Cr. R.No. 424/2016, passed by 3rd Additional Session Judge to the court of 1st ASJ, Bhopal arising out of order dtd. 12/5/2016 & 20/6/2016, in Case No. 14816/2015, passed by C.J.M, Bhopal whereby vide order dtd. 12/5/2016, the learned CJM has dismissed the application under sec. 239 of Cr.P.C, filed by the petitioner and also vide order dtd. 20/6/2016 he has framed the charges under sec. 420 of IPC, Sec. 51 and 63 of Copyright Act,1957 and sec. 101 and 102 r/w Sec. 103 & 104 of Trademarks Act, 1999 against the petitioner. In Cr.R. No. 424/2016, the learned Sessions Judge has affirmed the order of framing of charges passed by the Chief Judicial Magistrate, Bhopal against the petitioner-accused, however, the Sessions Judge has quashed the charges under Sec. 101 & 102 r/w sec. 103, 104 of Trademark Act, 1999.

(2.) The brief facts of case are that complainant filed a written complaint dtd. 20/11/2015 in Police Station-M.P. Nagar stating that he is employed with E.I.P.R India Pvt. Ltd at the post of Investigation Officer. An information was received from the company that shops named as M/s Classic Motors & M/s Bhaarke Brothers, situated at M.P. Nagar, Bhopal are selling duplicate parts of the Maruti Company. After inquiry was made by the complainant, it was found that the said shops were selling the duplicate parts, which has caused loss to company. On the basis of aforesaid, police station, M.P. Nagar has registered the FIR bearing No. 1050/2015 for the offences punishable under sec. 420 of I.P.C, & Sec. 51 & 63 of Copyright Act, 1957 against the petitioner. The charge-sheet was also filed before the trial Court for the same offences.

(3.) During trial, the petitioner filed an application under sec. 239 Cr.P.C for discharging him in the present case, as there is no prima-facie case against him. Vide order dtd. 12/5/2016, the trial court has dismissed the above application. Thereafter, on 20/06/2016, the trial Court has framed the charges under sec. 420 of I.P.C. & Sec. 51 & 63 of Copyright Act, 1957 and also sec. 101& 102 r/w sec. 103 & 104 of Trademarks Act, 1999 against the petitioner.