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Bombay High CourtAPL/139/2024dismissed

Gaurav Shrigopal Boob v. The State Of Mah. Thr. Pso, Midc Ps, Tah. And Dist. Akola And Another.

2024-01-23Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

1 912.apl.139.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.139 OF 2024 Gaurav Shrigopal Boob ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ayush Sharma Advocate a/w Ms. Guari Mishra, Advocate for the applicant.

Shri Badar, Addl.P.P. for the State.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

23/01/2024.

Heard.

2.

This is an application seeking to quash the First Information Report bearing Crime No.302 of 2023 registered with the MIDC Police Station, District Akola for the offence punishable under Sections 63, 65 of the Copyright Act, Section 420 of the Indian Penal Code and Sections 102, 103 and 104 of the Trade Marks Act, 1999. 3.

It is the applicant's contention that he has not a manufacturer of the PVC pipe. There are no complaints of the customers. It is argued that the investigating Officer has not complied the mandatory provisions and rules provided under the Copyright Act and the Trade Marks Act.

4.

Our attention has been invited to the interim order dated 20.12.2023 in Criminal Application No.1687 of 2023.

5.

Issue notice to the non-applicants, returnable on 05.03.2024. Learned Addl.P.P. waives notice for the State.

2 912.apl.139.2024 6.

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 23/01/2024 15:27:00