Vishal Bansal v. State of Up and Another

Court No. - 80

Case :- APPLICATION U/S 482 No. - 22938 of 2024

Applicant :- Vishal Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.

1. The instant application has been preferred with the prayer to quash the charge-sheet dated 12.4.2024 and summoning order dated 15.6.2024 passed by learned Chief Judicial Magistrate, Agra as well as entire proceeding of Criminal Case No.8824 of 2024 titled as State v. Rishi and others, arising out of Case Crime No.0029 of 2024, under sections 63/65 of Copy Right Act, 1957 and sections 103, 104 of Trade Mark Act, 1999 registered at Police Station Chhatta, District Agra.

1. Learned counsel for the applicant submits that the applicant was sub-dealer and authorized stockist under the Chief Dealer M/s Soorya Vanijya & Investment Ltd., Jaipur for selling of nbc Bearings. He further submits that the nbc bearings were purchased from the authorized dealer of nbc Company i.e. Soorya Vanijya & Investment Ltd., Rajasthan Industries Ltd., Amer Investment (Delhi) Ltd., Jaipur and India Silica Magnesite Work Limited. He further submits that on the basis of two employees of the complainant's company a false and fabricated FIR has been registered against the applicant because of the business rivalry. The applicant has stopped purchasing the nbc bearings from the complainant's company, therefore, out of vengeance, the instant FIR claims to be registered. He further states that no inspection of the place of occurrence as alleged in the FIR was carried out. No mechanical or otherwise any technical expert's opinion taken whether the alleged recovered oil bearing was manufactured by the complainant. An offence under section 63/65 of Copy Right Act, 1957 cannot be proceeded on the basis of the 161 Cr.P.C. statement. The Investigating Officer needs to go into a detailed exercise by way of an investigation so that ingredients of section 63/65 of Copy Right Act, 1957 and sections 103, 104 of Trade Mark Act, 1999 can be made out.