Kerala High Court
Kishore Kailas vs State Of Kerala on 17 March, 2021
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
Crl.MC.No.8569 OF 2016(A)
AGAINST THE ORDER/JUDGMENT IN CC 671/2012 DATED 07-11-2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE
CRIME NO.220/2011 OF KASABA POLICE STATION, KOZHIKODE
PETITIONERS/1ST ACCUSED:
KISHORE KAILAS,
AGED 32 YEARS, S/O.SASIDHARAN, KAILAS HOUSE PALAZHI,
GURUVAYOORAPPAN COLLEGE P.O.,
KOZHIKODE DISTRICT.
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 R.BHASKAR
S/O.A.RAMU, PROPRIETOR, M/S.CITY TRAVELS, 61,
SIVASAMY ROAD, RAMNAGAR, COIMBATORE,
TAMILNADU-641009.
R1 BY ADV. SRI.P.V.ANOOP
R1 BY ADV. SRI.P.V.KUNHIKRISHNAN
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8569 OF 2016(A) 2
ORDER
The crime registered on the allegation of offence under Section 103 of Trade Mark Act, 1999 brought under challenge on the reason that the investigation was done by Station House Officer of Police Station not in compliance with the requirement under Section 115(4) of the said Act. It is an enabling provision to conduct search and seizure without a warrant by a police officer not below the rank of Deputy Superintendent of Police. That doesn't mean that the Station House Officer has no power to investigate the crime. Nothing else was brought to the notice of this court in that behalf. As such, Crl.M.C. fails, dismissed.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.No.8569 OF 2016(A) 3 APPENDIX PETITIONER'S/S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 220 OF 2011 DATED 24.3.2011 OF KASABA POLICE STATION,KOZHIKODE DATED 24.3.2011 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT POLICE AGAINST THE ACCUSED ANNEXURE A3 ORIGINAL OF THE COPY APPLICATION C.C.NO.769 OF 2016 IN C.C .NO.671 OF 2012 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III,KOZHIKODE DATED 7.11.2016 RESPONDENTS ANNEXURES:NIL //TRUE COPY// P.A. TO JUDGE