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Bombay High CourtAPPLN/6020/2015application allowed

The State Of Maharashtra v. Amol Kalyan Kale

2016-07-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap6021.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6021 OF 2015 WITH CRIMINAL APPLICATION NO. 6020 OF 2015 IN CRIMINAL APPLICATION NO. 6021 OF 2015 The State of Maharashtra ..APPLICANT

VERSUS

Amol Kalyan Kale ..RESPONDENT Mr S. D. Ghayal, Addl. Public Prosecutor for applicant; Mr S. G. Kawade, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 27th July, 2016 ORAL ORDER :

Heard.

2.

For the reasons stated in the Application No. 6020 of 2015, delay of 30 days in preferring leave to file appeal, is condoned. Criminal Application No. 6020 of 2015 is allowed.

3.

Respondent - accused Amol Kalyan Kale was acquitted of the offences punishable under Section 63 of Copy Rights Act and under Section 104 of Tade Marks Act, vide Judgment and order dated 25th June, 2015, passed by the learned Chief Judicial Magistrate, Beed, in R.C.C. No. 290 of 2013.

criap6021.15 (2) 4.

Perusal of the judgment reflects that the seizure Panchnama was not proved and the complainant was not examined including that of Investigation Officer.

5.

In the above background, no case for grant of leave to file an appeal is made out. Leave refused. Criminal Application fails and same stands rejected.

(N.W. SAMBRE, J.) sjk