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Bombay High CourtAPL/1260/2022dismissed

Nilesh S/O Dilip Shahu v. State Of Mha. Thr. Pso Ps Hudkeshwar Nagpur And Anohter

2022-09-30Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice Anil L. Pansare2 pages

1 apl1260.2022..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) 1260 OF 2022 (Nilesh s/o. Dilip Shahu..vs..State, thr PSO, PS, Hudkeshwar and anr) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A.K. Bhangade, counsel for applicant.

Mr. M.J. Khan, APP for non-applicant 1/State. CORAM: ROHIT B. DEO AND ANIL L. PANSARE , J J.

DATE: 30.09.2022 We have heard learned counsel Mr. A.K. Bhangade and have further perused the contents of the oral report on the basis of which Crime 426/2022 is registered at Police Station, Hudkeshwar, Nagpur for offences punishable under section 420 of the Indian Penal Code and sections 51, 52 and 63 of the Copyright Act, 1957.

2.

Perusal of the oral report which is registered as First Information Report does disclose cognizable offence. In brief, the allegations in the report are that stickers/labels of a reputed brand "Fortune Soyabean" of the Wilmar company were affixed on spurious oil cans/boxes with the intention of misleading the customers into believing that the products are of a reputed company.

2 apl1260.2022..odt 3.

While the learned counsel Mr. A.K. Bhangade would submit that as against the applicant, till date no evidence is collected as would clinchingly establish his role in the alleged offence, considering that the investigation is ongoing, we are not inclined to interfere in writ jurisdiction.

4.

It would be more appropriate if the applicant raises the contentions which he has done after the investigation is complete, and in that event, the contentions shall be considered on merits by the appropriate Court.

5.

The application is dismissed.

(ANIL L. PANSARE, J.) (ROHIT B. DEO, J.) Belkhede RAVINDRA SURESHRAO P.A. to the Hon'ble Judge