Kerala High Court
Nirmal vs State Of Kerala on 21 August, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6987 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 21ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946
CRL.MC NO. 6987 OF 2024
CRIME NO.1204/2017 OF Pudukkad Police Station, Thrissur
CC NO.1052 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, IRINJALAKUDA
PETITIONER/ ACCUSED NO.1 :
1 NIRMAL
AGED 34 YEARS, S/O DAVIS,
PONMAKKARA HOUSE, VARANDARAPILLY DESOM,
VARANDARAPILLY VILLAGE, THRISSUR DISTRICT,
PIN - 680 303
2 JOHNSON
AGED 60 YEARS, S/O KUNJU VAREED,
KUNTHILI HOUSE, MARATHAKKARA DESOM,
MARATHAKKARA VILLAGE, THRISSUR DISTRICT,
PIN - 680303
BY ADVS.
P.K.VARGHESE
M.T.SAMEER
K.R.ARUN KRISHNAN
DHANESH V.MADHAVAN
JERRY MATHEW
SOJAN K. VARGHESE
REGHU SREEDHARAN
RAMEEZ M. AZEEZ
RESPONDENT/ STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
CRL.MC NO. 6987 OF 2024
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2 JSW STEEL COATED PRODUCTS LTD
REPRESENTED BY M, SATHISHKUMAR,
AGED 38 YEARS, S/O MANSILA MANI
NO.7, 8TH AVENUE, ASHOK NAGAR,
CHENNAI [MANAGER OPERATIONS,
EIPR PRIVATE LTD CHENNAI, TAMIL NADU,
PIN - 680 083
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6987 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.6987 of 2024
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Dated this the 21st day of August, 2024
ORDER
Petitioners are the accused in C.C.No.1052 of 2018 on the files of the Judicial First Class Magistrate's Court, Irinjalakuda, which arises out of Crime No.1204 of 2017 of Pudukkad Police Station. Petitioner challenges the aforesaid proceedings in this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS').
2. The prosecution alleges that on 06.12.2017, five forged roofing sheets were found printed in the establishment belonging to the petitioner and that they had infringed the copyright and the trade mark of JSW Steel Coated Products Ltd. - the 2nd respondent and thereby committed the offences under Sections 51(a), 51(b), 65 and 63 of the Copyright Act, 1957 and Section 417 of the Indian Penal Code, 1860.
3. Even though the learned counsel for the petitioners vehemently contended that none of the offences alleged against them are made out, I am of the view that prima facie, the uncontroverted allegations do make out the offences alleged. The merits of the contentions raised are all matters which will have to be considered in a trial as those are disputed facts. Considering the nature of allegations in CRL.MC NO. 6987 OF 2024 4 2024:KER:63970 the final report, I am of the view that this is not a fit case to invoke the inherent jurisdiction under Section 528 of the B.N.S.S. Therefore, I decline to exercise the said jurisdiction. Needless to mention, the contentions raised by the petitioners are left open for consideration during the trial.
Hence, this Crl.M.C. is dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM CRL.MC NO. 6987 OF 2024 5 2024:KER:63970 APPENDIX OF CRL.MC 6987/2024 PETITIONERS' ANNEXURES :
Annexure 1 A CERTIFIED COPY OF THE FIR IN CRIME NO.
1204/2017 OF PUDUKAD POLICE STATION, THRISSUR RURAL DATED 06/12/2017 Annexure 2 A CERTIFIED COPY OF THE FINAL REPORT DATED 30.04.2018