Allahabad High Court
Ram Jee vs State Of U.P Thru. Prin. Secy. Home ... on 10 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:32143-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3584 of 2023
Petitioner :- Ram Jee
Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others
Counsel for Petitioner :- Gaurav Kumar,Deepanjali Singh,Saurabh Tiwari
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This petition has been filed with the following main relief:-
"A. Issue a Writ Order or Direction in the nature of Certiorari quashing the impugned First Information Report Dt:- 29-09-2022 under case crime no.:-374/2022 under section 420 IPC & Section 63/65 of the Copy Right Act 1957, Police Station Maharajganj, District Ayodhya.
It has been submitted by learned counsel for the petitioner that the essential ingredients of Section 420 I.P.C. is inducement and has referred to the judgment rendered by Hon'ble Supreme Court in Prof. R.K. Vijayasarathy and another Vs. Sudha Seetharam and another: Criminal Appeal No.238 of 2019; decided on 15.02.2019. It has been submitted that there is no inducement on the part of the petitioner in selling Asian Paints.
Learned A.G.A. has opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned F.I.R., therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., this Court finds that a search and seizure operation was carried out by the Investigating Officer of SGS IPR Consultancy LLP, which works for Asian Paints Ltd, which is a well known 78 years old paint manufacturing company, along with the Police team comprising Sub-Inspector and two Constables and spurious paint with the same brand name was found in the petitioner's shop. This Court finds from a perusal of the F.I.R. that there was an inducement to the consumers on the part of the petitioner to buy the spurious paint, which was kept in the containers containing the brand name of Asian Paints.
We are of the opinion that, prima facie, the impugned F.I.R. discloses cognizable offence by the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.
Order Date :- 10.5.2023
Rahul
