Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3012 of 2021 Petitioner :- Ikbal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan,Sr. Advocate (Sri. W.H.Khan) Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. through video conference and perused the petition.
By way of this petition, the petitioners have prayed that this Court may quash the First Information Report being Case Crime No.0071 of 2021 lodged on 6.3.2021 under Section 103 and 104 of Trade Mark Act at Police Station, Kutub Sher, Distt. Saharanpur or stay the arrest of the petitioner pursuant to the aforesaid F.I.R.
It appears that respondent No.3 instead of filing a suit for trade mark dispute has lodged F.I.R. against the petitioner.
We observed that the offences which are alleged in the F.I.R. provide punishments of which are not more than seven years and, therefore, the police authority will adhere to the provisions of Section 41 A of Cr.P.C. and will investigate the matter in fair manner.
With these observations, this petition is disposed of at this stage.
Order Date :- 11.5.2021 DKS