Bangalore District Court
State By City Market Police vs Is Hereby Acquitted For The Offences on 28 April, 2023
KABC030754862018
IN THE COURT OF THE IX ADDL.CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU.
Dated this the 28th day of April 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. 27922/2018
2.Date of Offence 03/06/2017
3.Complainant State by City Market Police
Station
4.Accused Dheeraj Mehta
S/o.Lakshmichand Mehta
Aged about 45 years,
R/No.249, 3rd Main Road,
2nd Cross, Chamarajpet,
Bengaluru.
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5.Offences complained of U/Sec. 483, 420 r/w
Sec.511 of IPC and Sec.63 of
Copyright Act.
6.Plea Accused pleaded not guilty.
7.Final Order Accused is acquitted
8.Date of Order 28.04.2023.
JUDGMENT
The police Sub-Inspector of City Market Police Station, Bengaluru has filed this charge sheet against the accused for the offences punishable U/Sec.483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act.
2. The brief facts of the prosecution case is that, on 03/06/2017 at about 4.00 p.m. within the limits of City Market Police Station, situated at Padmavathi Plaza, 4 th floor, Hale Taragupete, Bengaluru, CW.1 - Sri.S Mallikarjun Police Inspector got credible information that the accused person 3 was selling the duplicate garments i.e. shirts of M/sAdithya Birla Fashion and retails Limited Company to the public, without obtaining the valid permission/license from the copyright owner and infringed the right of the copyright of the said company and also cheated to the public and also CW.2. Hence, CW.1 lodged the first information. The Station House Officer registered a case in Cr.No.106/2017 for the offences punishable u/Sec.483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act, and submitted First Information Report to this Court. After investigation, Police Inspector of City Market Police Station filed charge sheet for the said offences punishable u/Sec. 483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act against the accused person. Hence, he has committed the alleged offences.
3. Accused person is on bail. On receipt of charge sheet, this court took the cognizance of the alleged offences and 4 furnished copy of the prosecution papers to the accused. After hearing on charge, this Court has framed charge for the offences punishable U/Sec.483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act for which accused pleaded not guilty and claimed 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 and proclamation against CWs.1 to 7 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 CWs.1 to 7 and closed the side of the prosecution evidence. As there is no incriminating circumstances against the accused, accused statement U/Sec.313 of Cr.P.C. is dispensed with and posted for judgment.
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5. I have heard the arguments on both sides.
6. In order to prove the guilt of the offences as alleged against the accused by the prosecution, the prosecution has not at all examined any one of the witnesses. The Investigating Officer has filed this charge sheet against the accused by citing 7 witnesses as CWs.1 to 7. In spite of repeated issuance of NBW and proclamation, the concerned agency, more particularly, Investigating Officer himself has not turned up and also failed to brought the said witnesses before this Court for evidence. Hence, prosecution has utterly failed to prove the guilt of the accused as alleged against the accused beyond reasonable doubt. Therefore, accused is entitled for acquittal. Hence, I proceed to pass following: 6
ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable u/Sec.483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act.
The bail bond and surety bond executed by accused 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.37/2017 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 28th day of April 2023) (R.Mahesha) IX Addl.Chief Metropolitan Magistrate, Bengaluru.7
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
CC No.27922/2018 28/04/2023 Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable u/Sec.483, 420 r/w Sec.511 of IPC and Sec.63 of Copyright Act.
The bail bond and surety bond executed by accused 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.37/2017 shall be destroyed as worthless after the appeal period is over.
IX ACMM, Bengaluru.
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