Bangalore District Court
State By Chickpet Police Station vs Beyond All Reasonable Doubt. ... on 12 January, 2015
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BANGALORE.
Dated this the 12th day of January 2015
Present : Sri.J.V.Vijayananda B.Com., LL.B
IX Addl.C.M.M.Bangalore.
JUDGMENT U/S.355 OF Cr.P.C..
1.CC No 22276-2012
2.Date of Offence 8-2-2012
3.Complainant State by Chickpet Police Station
4.Accused 1. Nawab Pash S/o. Noorpasha
Aged 37 Years C/o. Madin Ahmed,
2nd Cross, 2nd Main, K.G.Halli,
Kushalanagara, Bangalore city.
2. Ahmed Imtiyaz S/o. Mahammed
Musthan, Aged 38 Years,
No.67/2, 3 Cross, Kaval Baira
rd
Sandra, Bangalore city.
3. Jameer S/o. Shareef, Aged 32
Years, No.35, Vaaseem's Rented
house, Kumbarpete Main Road,
Bangalore City.
5. Offences complained U/s.51(a)(b) 63 of Copyright Act and
of 420 of IPC and
Sec.29,77,78,79,81(2) of Trade &
Merchandise Marks Act 1958
6.Plea A1, 2 and 3 pleaded not guilty.
7.Final Order A1, 2 and 3 are Acquitted
8.Date of Order 12-1-2015
REASONS
2 CC.No.22276-2012
The Sub Inspector of Police, Chickpet Police Station,
Bangalore has filed this charge sheet against the A1 to 3
for the offences punishable U/s. 51(a)(b) 63 of Copyright Act
and 420 of IPC and Sec.29,77,78,79,81(2) Trade &
Merchandise Marks Act 1958.
2. The brief facts of the prosecution case are that on
8-2-2012 at 11-15am., within the limits of Chickpet
Police station, at Doddapet circle on footpath, A1 to 3
with an intention to earn money manufactured
fake/duplicate fairness creams in the name of face
fairness as manufactured by Kashmiri Moonshine
company without obtaining any permission or license
from Copyright holder, was selling the same to the general
public as if the said products are originals and thereby
violated trade mark of said company and also infringed
the copyright and also cheated the company and general
public and thereby committed aforesaid offences.
3. The A1 to 3 are on bail. On receipt of chargesheet
this court took cognizance of the offences and furnished
the copies of the prosecution papers to the accused
persons. After hearing on charges, this court framed the
charges for the offences punishable U/s. 63 of Copyright Act
and 420 of IPC and Sec.29,77,78,79,81(2) Trade &
Merchandise Marks Act 1958 for which the accused persons
pleaded not guilty and claimed to be tried.
3 CC.No.22276-2012
4. The prosecution in order to prove its case has not
examined any witnesses. CW 1 to 7 did not turn up before
this court, hence, by rejecting the prayer of learned
Sr.APP, this court dropped the examination of CW 1 to 7.
5. Since, there is no incriminating evidence against
the accused persons, their statement u/s.313 of Cr.P.C., is
dispensed with.
6. I have heard the arguments on both sides.
7. This is a case filed by the Chickpet Police against
the accused for the offences punishable U/s. 63 of
Copyright Act and 420 of IPC and Sec.29,77,78,79,81(2) Trade
& Merchandise Marks Act 1958. In this case, the charge
was framed on 6-9-2013. Thereafter, this court has issued
summons on 4 occasions and non-bailable warrants on 4
occasions to CW 1 to 7 till 9-1-2015. This court has
adjourned this case from time to time by granting several
adjournments by enabling the prosecution to produce
witnesses & to prove the allegations against accuse
persons. But, the concerned police have not taken much
pain to produce the witnesses before this court. They
have not executed the process issued against CW 1 to 7.
The shara dtd: 23/1/14 made by the concerned police
indicating that summons to CW 1 to 3 duly served but
none have appeared before the court. But no shara
pertaining to other witnesses on record. Further, the shara
dtd: 13/3/14 indicating that when the process police
4 CC.No.22276-2012
visited the address of CW 1, he came to know that CW 1
had been to Davanagere court to give evidence. But no
further shara whether the fact of summons informed to
any other persons related to CW 1 or not. Further, when
the process police visited the address of CW 2 and 3, they
were not available for service and as such, he prayed time
to serve summons on them. Further the shara dtd: 9/1/15
indicating that CW 1 left the given address. When process
police visited the address of CW 2 to 6, they were not
available for service. Since CW 7 transferred to some
other Police station and had been to special duty, the
process police prayed time to secure the presence of CW 7.
Even before the date of above referred shara and
thereafter sufficient opportunities have been given to the
concerned police to secure the presence of witnesses by
way of issuing summons, bailable warrant and NBW even
through Commissioner of Police on two occasions, but
unfortunately the concerned police have not secured the
presence of any witnesses before the court. It appears that
the Investigating Officer & concerned police have ignored
their responsibility. Since, this case of the year 2012, by
rejecting the prayer of learned Sr.APP, this court dropped
the examination of CW 1 to 7 in the interest of speedy
justice to the A1 to 3. Under these circumstances, I hold
that the prosecution has failed to prove the guilt of the
accused beyond all reasonable doubt. Accordingly, I
proceed to pass the following:
5 CC.No.22276-2012
ORDER
Acting U/s.248(1) of Cr.P.C., A1 to 3 are hereby Acquitted for the offences punishable U/s. 63 of Copyright Act and 420 of IPC and Sec.29,77,78,79,81(2) Trade & Merchandise Marks Act 1958 .
Their bail bonds and surety bonds stand cancelled. The properties seized under PF.No.4/12 i.e., item No.1 and 2 and properties seized under PF No. 5/12 Item No. 1 to 6 are being worthless shall be destroyed after appeal is appeal period is over.
Office to issue direction to SHO of Chickpet Police station to deposit the said properties immediately.
(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 12th day of January 2015) (J.V.Vijayananda) IX Addl.Chief Metropolitan Magistrate, Bangalore.
ANNEXURE LIST OF WITNESSES EXAMINED, DOCUMENTS & MATERIALS MARKED ON BEHALF OF THE PROSECUTION :
NIL LIST OF WITNESSES EXAMINED, DOCUMENTS & MATERIALS MARKED ON BEHALF OF THE DEFENCE: NIL IX ADDL.C.M.M. Bangalore.6 CC.No.22276-2012
Judgement pronounced in the open court vide separate sheet ORDER Acting U/s.248(1) of Cr.P.C., A1 to 3 are hereby Acquitted for the offences punishable U/s. 63 of Copyright Act and 420 of IPC and Sec.29,77,78,79,81(2) Trade & Merchandise Marks Act 1958 .
Their bail bonds and surety bonds stand cancelled. The properties seized under PF.No.4/12 i.e., item No.1 and 2 and properties seized under PF No. 5/12 Item No. 1 to 6 are being worthless shall be destroyed after appeal is appeal period is over.
Office to issue direction to SHO of Chickpet Police station to deposit the said properties immediately.
IX ADDL.C.M.M. Bangalore.