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Jaggan Nath Prasad Gupta S/O Late ... vs State Of U.P. Thru Prin. Secy. Home ...

High Court Of Judicature at Allahabad|03 February, 2010

JUDGMENT / ORDER

Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to case crime no. 21 of 2010, under Sections 103/104 Trade Mark Act read with Sections 467, 468, 420 and 471 IPC, police station Kotwali Wazirganj, district Lucknow.
We have gone through the FIR and other documents annexed along with the petition.
It comes out from Annexure-2 to the petition that the petitioner was granted licence for supplying mustered oil of Siddharth, Kihinoor and Neelkanth brands, but he has been found using trade mark of one Bawarchi brand and, thus, the impugned FIR has been lodged under the said sections.
In view of the above, the FIR cannot be quashed since it discloses commission of cognizable offence.
The writ petition is misconceived and is accordingly dismissed.
Order Date :- 3.2.2010 Chauhan/-
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Title

Jaggan Nath Prasad Gupta S/O Late ... vs State Of U.P. Thru Prin. Secy. Home ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
03 February, 2010