M/S. Ksr Eyewear v. State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34239 of 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring that the inaction of the respondents 1 and 2 is in complete violation of the provisions of the Copyright and the Trademark Act and are affecting the statutory rights of the petitioner and consequently direct the respondents 1 and 2 to properly investigate the matter and file charge sheet at the earliest.

Heard and perused the material.

Learned counsel for the petitioner submits that the case is pending for the last one year and no investigation has been conducted so far. He further submits that the offence committed by the third respondent herein is a continuous offence and in view of non-filing of the charge sheet, the third respondent is continuing the same offence and as such, he prays a direction to the respondents 1 and 2 to complete the investigation as early as possible.

Learned Assistant Government Pleader for Home (Telangana) submits that the investigation is in progress and the second respondent will file the final report after completion of the investigation. Considering the facts and circumstances of the case, the second respondent is directed to complete investigation in crime No.146 of 2014 and file final report, if any, in accordance with law, as expeditiously as possible, preferably with a period of three months. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 17.10.2016 pln