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The Police Sub-Inspector of Hanumanthanagar Police Station, Bengaluru has filed this charge sheet against the accused for the offence punishable U/Sec.51(B), 63 of Copyright Act.

2. The brief facts of the prosecution case is that, on 19/11/2018 at about 4.15 pm within the limits of Hanumanthanagar Police Station, situated at No.1189, Shyam Sundar Automobiles and Prem Automobiles, Ashok Nagar, Shankarnag Circle, Bengaluru, complainant - Sri.Stephan Raj Investigation Officer of EIPR India Private Limited the accused persons were manufacturing of spurious/counterfeit TVS Motors Limited spare parts without obtaining any permission from complainant, the authorized officer of the said company and mis-utilized the same without obtaining any permission from the complainant and were selling the same to the public and cheated the company and also public. Hence, CW.1 lodged first information. The Station House Officer registered a case in Cr No.306/2018 for the offences punishable u/Sec.51(B), 63 of Copyright Act, and submitted First Information Report to this Court. After investigation, Police Inspector of S J Park Police Station filed charge sheet for the said offences punishable u/Sec.51(B), 63 of Copyright Act and Sec.420 of IPC against the accused No.1 and 2. Hence, they have committed the alleged offences.

5. I have heard the arguments on both sides.

6. The points that arise for my consideration are as under:

(1) Whether the prosecution proves beyond reasonable doubt that on 19/11/2018 at about 4.15 pm within the limits of Hanumanthanagar Police Station, situated at No.1189, Shyam Sundar Automobiles and Prem Automobiles, Ashok Nagar, Shankarnag Circle, Bengaluru, complainant -

Sri.Stephan Raj Investigation Officer of EIPR India Private Limited the accused persons were manufacturing of spurious/counterfeit TVS Motors Limited spare parts without obtaining any permission from complainant, the authorized officer of the said company and mis-utilized the same without obtaining any permission from the complainant and were selling the same to the public and cheated the company and also public and thereby committed an offences punishable u/Sec.51(B), 63 of Copyright Act and Sec.420 of IPC ?

9. The main allegation of the prosecution is that on 19/11/2018 at about 4.15 pm within the limits of Hanumanthanagar Police Station, situated at No.1189, Shyam Sundar Automobiles and Prem Automobiles, Ashok Nagar, Shankarnag Circle, Bengaluru, complainant - Sri.Stephan Raj Investigation Officer of EIPR India Private Limited the accused persons were manufacturing of spurious/counterfeit TVS Motors Limited spare parts without obtaining any permission from complainant, the authorized officer of the said company and mis-utilized the same without obtaining any permission from the complainant and were selling the same to the public and cheated the company and also public. As already stated supra, the prosecution has examined 2 witnesses as PW.1 and 2 and documents got marked as Ex.P.1 to 6 and MO.1 to 4.

10. The prosecution has been examined CW.1 as PW.1, he being Investigation Officer in EIPR Company and informant of this case. He specifically testified before this Court that during his survey he got credible information regarding sale of TVS motor cycle spare parts in T R Nagar in different shops. Therefore, he lodged FIS before Station House Officer of Hanumantha Nagar police station on 19/1/2018 against the accused as per Ex.P.1. After that the police officers and 2 panchas came with CW.1 and they verified one Shamsundar Automobile shop and Frame Automobiles and they found spurious products of TVS company. Therefore, the Investigation Officer has seized spare parts of TVS motor cycle in the presence of panchas as per Ex.P.2. He identified the accused and documents MO.1 to 4.