SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Criminal Misc. Petition under section. 482 Criminal Penal Code, petitioner challenged the order dated 3.1.1997 passed by Special Judge, NDPS Cases, Jodhpur (hereinafter referred to as 'the revisional Court') in revision petition filed by the petitioner against the order dated 24.10.1996 passed by Additional Chief Judicial Magistrate No. 3, Jodhpur (hereinafter referred to as 'the trial Court') in Cr. Case No. 300/94. The trial Court vide order dated 4.10.1996, framed charges against the petitioner for offence under section 420 Indian Penal Code and Secs. 78 & 79 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act').

(2.) I have heard learned counsel for the parties. Perused the order of the trial Court dated 24.10.1996 as well as order of the revisional Court dated 3.1.1997.

(3.) A first information report was lodged by Shri S.K. Gupta on 22.10.1993 at Police Station, Mahamandir, Jodhpur alleging therein that he is Deputy Manager of J.K. Cement Works, he has received information from stockist of Jodhpur J.K. Cement Works, Shri Jitendra Bhandari that the petitioner is a proprietor of Shyam Marble House and Sagar Marble House, which is selling duplicate cement under forged trade mark of J.K. Cement Works on the cement bags. One P.K. Agarwal purchased a bag of cement having trade mark of J.K. Cement Works from Shyam Marble House. On checking, the same was found different from that manufactured by J.K. Cement Works. He has produced the bill. Police registered a case and conducted search of shop and godown owned by Shyam Marble House of which the petitioner is the proprietor and found number of cement bags containing trade mark of J.K. Cement Works. After investigation, police reached to the conclusion that the petitioner has been selling the duplicate cement counterfeiting as cement manufactured by J.K. Cement Works but in fact it was not manufactured by the J.K. Cement Works Police filed the charge- sheet against the petitioner for the offences under sections. 420, 483 & 486 Indian Penal Code and under sections. 78 & 79 of the Act against the petitioner. The trial Court vide order dated. 24.10.1996 prima facie found that the offences under section. 420 Indian Penal Code and Secs. 78 & 79 of the Act are made out against the petitioner. Against this order, petitioner preferred a revision petition before the learned Sessions Judge, which was transferred to the revisional Court for decision. The learned revisional Court, after carefully going through the entire material filed by the police along with investigation report, reached to the conclusion that not only offence 3. A first information report was lodged by Shri S.K. Gupta on 22.10.1993 at Police Station, Mahamandir, Jodhpur alleging therein that he is Deputy Manager of J.K. Cement Works, he has received information from stockist of Jodhpur J.K. Cement Works, Shri Jitendra Bhandari that the petitioner is a proprietor of Shyam Marble House and Sagar Marble House, which is selling duplicate cement under forged trade mark of J.K. Cement Works on the cement bags. One P.K. Agarwal purchased a bag of cement having trade mark of J.K. Cement Works from Shyam Marble House. On checking, the same was found different from that manufactured by J.K. Cement Works. He has produced the bill. Police registered a case and conducted search of shop and godown owned by Shyam Marble House of which the petitioner is the proprietor and found number of cement bags containing trade mark of J.K. Cement Works. After investigation, police reached to the conclusion that the petitioner has been selling the duplicate cement counterfeiting as cement manufactured by J.K. Cement Works but in fact it was not manufactured by the J.K. Cement Works Police filed the charge- sheet against the petitioner for the offences under sections. 420, 483 & 486 Indian Penal Code and under sections. 78 & 79 of the Act against the petitioner. The trial Court vide order dated. 24.10.1996 prima facie found that the offences under section. 420 Penal Code and Secs. 78 & 79 of the Act are made out against the petitioner. Against this order, petitioner preferred a revision petition before the learned Sessions Judge, which was transferred to the revisional Court for decision. The learned revisional Court, after carefully going through the entire material filed by the police along with investigation report, reached to the conclusion that not only offence u/s. 420 Penal Code but offences u/ss. 483 & 486 Penal Code are also made out. The revisional Court also found that the offences u/ss. 78 & 79 of the Act are prima facie made out and, therefore, there are grounds to proceed against the petitioner for the offences noticed here in above. Aggrieved by the order of the revisional Court, the petitioner has filed this criminal miscellaneous petition.. 420 Penal Code but offences under sections. 483 & 486 Indian Penal Code are also made out. The revisional Court also found that the offences under sections. 78 & 79 of the Act are prima facie made out and, therefore, there are grounds to proceed against the petitioner for the offences noticed here in above. Aggrieved by the order of the revisional Court, the petitioner has filed this criminal miscellaneous petition.