IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1748 OF 2019 BETWEEN:
MR.ANUP KUMAR BISWAS AGED ABOUT 46 YEARS S/O LATE SHRIDAM BISWAS OFFICE AT VILL. KUTHIBARI P.O.SINDRANI, DISTRICT – 24 (PARAGANAS) WEST BENGAL – 742 128 NOW COME DOWN TO BANGALORE … PETITIONER (BY SHRI. S.K.MITHUN, ADVOCATE) AND:
1. BABUMANI SARWAR PROPRIETOR OF M/S S.H.BIRI OFFICE AT P.O.RAJPUR TEGHORI, VILL, MAHALDARPARA P.S.RAGHUNATHGANJ DIST. MURSHIDABA WEST BENGAL – 742 122 2. STATE OF KARNATAKA REPRESENTED BY CIRCLE INSPECTOR OF CITY MARKET CITY MARKET, BANGALORE – 560 001 REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-2; R1-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR VIDE ANNEXURE-A AND ANNEXURE-B ENTIRE PROCEEDINGS IN CRIME NO.21/2019 IN THE COURT AT THE IX ADDITIONAL CHIEF METROPLITAN MAGISTRATE, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri S.K.Mithun, learned advocate for the petitioner and Smt. K.P.Yashodha, learned HCGP for the State.
2. The solitary grievance urged by the learned advocate for the petitioner is that FIR No.21/2019 registered in City Market Police Station, Bengaluru, on 31.01.2019, in respect of violation of Trade Marks Act, 1999, (“The Act” for short) is being investigated by a Sub-Inspector, whereas under Section 115(4) of the Act, an offence under the said Act is required to be investigated by a Police Officer not below the rank of Deputy Superintendent of Police or any other Officer of equivalent rank.
3. Learned HCGP, in her usual fairness, submits that State shall ensure that Section 115(4) will be strictly complied with.
4. Her submission is placed on record. Accordingly, this petition is disposed of with a direction that the investigation into aforementioned FIR shall be done in compliance with Section 115(4) of the Act.
No costs.
Sd/- JUDGE AV