Bangalore District Court
State By City Market Police vs Persons on 11 January, 2023
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KABC030729472019
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BENGALURU.
Dated this the 11th day of January 2023
Present : R.Mahesha,
B.A.L., LLB.,
IX Addl.C.M.M. Bengaluru.
JUDGMENT U/SEC.355 OF CR.P.C.
1.C.C.No. 23587/2019
2.Date of Offence 16/8/2019
3.Complainant State by City Market Police
Station.
4.Accused 1.Ranasingh S/o.Bhavarsingh,
Aged about 34 years,
R/o.Cottonpet, Bengaluru.
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2.Mahinder Singh,
S/o.Jaluva Singh
Aged about 25 years,
R/No.Cottonpet, Bengaluru.
3.Uttam Singh S/o.Pawar Singh
Aged about 29 years,
R/o.Cottonpet, Bengaluru.
5.Offences complained of u/Sec. 63 of Copyright Act &
Sec.420 r/w Sec.511 of IPC.
6.Plea Accused No.1 to 3 pleaded not
guilty.
7.Final Order Accused No.1 to 3 are acquitted.
8.Date of Order 11/01/2023.
JUDGMENT
The Sub-Inspector of Police, City Market Police Station has filed this charge against the accused No.1 to 3 for the offence punishable u/Sec.63 of Copyright Act and Sec.420 r/w Sec.511 of IPC.
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2. The brief facts of the prosecution case are that on 16/08/2019 at about 1.00 pm within the limits of City Market Police Station, Bengaluru, the accused persons found in possession and selling of duplicate belts and purses of CW.1 Fast Track Company situated at Maya belt shop No.56, near Malabar hotel, Balepete Main Road, Chickpet, without obtaining any licence or permission from CW.1 Fast Track Company and thereby violated the copyright of the company and cheated to the public and also caused loss to CW.1. In this regard, CW.1 lodged first information statement and based on the same FIR came to be registered in Cr.No.153/2019 for the offences punishable u/Sec.63 of Copyright Act Sec.420 r/w 511 of IPC. Thereafter, CW.1 along with CW.2 and with panchas rushed to the spot and conducted raid and seized the alleged duplicate belts and purses by drawing panchanama. Thereafter, CW.6 completed the investigation and filed the charge sheet 4 against the accused No.1 to 3 for the offences punishable u/Sec. 63 of Copyright Act Sec.420 r/w 511 of IPC.
3. The accused persons are on bail. On receipt of charge sheet, this court took the cognizance of the alleged offences and furnished copy of the prosecution papers to the accused persons, after hearing on charge, this court has framed charge against accused for the offence punishable U/Sec. 63 of Copyright Act Sec.420 r/w 511 of IPC for which accused persons pleaded not guilty and claims to be tried.
4. The prosecution in order to prove its case, has not examined any of the witnesses, in spite of repeated issuance of NBW against CW.1 to 6 the concerned agency failed to execute the same to the said witnesses and brought them before this court, hence prayer of learned Sr.APP is rejected and dropped CW.1 to 6 and closed the 5 side of the prosecution evidence, as there is no incriminating circumstances against the accused. Hence, the accused statement U/Sec.313 of Cr.P.C. is dispensed with and posted for judgment.
5. I have heard the arguments on both sides.
6. The prosecution in order to prove its case, has not examined any of the witnesses, in spite of repeated issuance of NBW against CW.1 to 6 the concerned agency failed to execute the same to the said witnesses and brought them before this court, hence prayer of learned Sr.APP is rejected and dropped CW.1 to 6 and closed the side of the prosecution evidence, as there is no incriminating circumstances against the accused. Hence, the accused statement U/Sec.313 of Cr.P.C. is dispensed with and posted for judgment.
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7. In order to prove the guilt of the offence as alleged against the accused by the prosecution, the prosecution has not at all examined any one of the witnesses. CW.1 to CW.6 are dropped out 19/12/2022. Hence, prosecution has utterly failed to prove the guilt of the offence as alleged against the accused No.1 to 3 beyond reasonable doubt. Thereby accused persons are entitled for the benefit of doubt. Hence, I proceed to pass following;
ORDER Acting under Section 248(1) of Cr.P.C., accused No.1 to 3 are hereby acquitted for the offence punishable u/Sec. 63 of copyright Act and Sec.420 r/w 511 of IPC.
The bail bonds and surety bonds executed by accused No.1 to 3 shall continue for a period of two months from the date of this order and thereafter same shall stands cancelled automatically. 7
Item No.1 and 2 shown in PF No. 71/2019 shall be destroyed as worthless after the appeal period is over.
(Dictated to the Stenographer directly on computer and print out taken by her is verified and then pronounced by me in the open court on this the 11th day of January 2023) (R.Mahesha) IX Addl.Chief Metropolitan Magistrate, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF WITNESSES EXAMINED, DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE:
-NIL-
IX ACMM, Bengaluru.8
Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused No.1 to 3 are hereby acquitted for the offence punishable u/Sec. 63 of copyright Act and Sec.420 r/w 511 of IPC.
The bail bonds and surety bonds executed by accused No.1 to 3 shall continue for a period of two months from the date of this order and thereafter same shall stands cancelled automatically.
Item No.1 and 2 shown in PF No. 71/2019 shall be destroyed as worthless after the appeal period is over.
IX ACMM, Bengaluru.
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