Kishore Kailas vs State Of Kerala
2021 Latest Caselaw 8898 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                    Crl.MC.No.8569 OF 2016(A)

  AGAINST THE ORDER/JUDGMENT IN CC 671/2012 DATED 07-11-2016 OF
       JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE

      CRIME NO.220/2011 OF KASABA POLICE STATION, KOZHIKODE


PETITIONERS/1ST ACCUSED:

             KISHORE KAILAS,
             AGED 32 YEARS, S/O.SASIDHARAN, KAILAS HOUSE PALAZHI,
             GURUVAYOORAPPAN COLLEGE P.O.,
             KOZHIKODE DISTRICT.

             BY ADVS.
             SRI.R.SUDHISH
             SMT.M.MANJU

RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

      2      R.BHASKAR
             S/O.A.RAMU, PROPRIETOR, M/S.CITY TRAVELS, 61,
             SIVASAMY ROAD, RAMNAGAR, COIMBATORE,
             TAMILNADU-641009.

             R1 BY ADV. SRI.P.V.ANOOP
             R1 BY ADV. SRI.P.V.KUNHIKRISHNAN
             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8569 OF 2016(A)           2




                                ORDER

The crime registered on the allegation of offence

under Section 103 of Trade Mark Act, 1999 brought under

challenge on the reason that the investigation was done

by Station House Officer of Police Station not in

compliance with the requirement under Section 115(4) of

the said Act. It is an enabling provision to conduct

search and seizure without a warrant by a police

officer not below the rank of Deputy Superintendent of

Police. That doesn't mean that the Station House

Officer has no power to investigate the crime. Nothing

else was brought to the notice of this court in that

behalf. As such, Crl.M.C. fails, dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 220 OF 2011 DATED 24.3.2011 OF KASABA POLICE STATION,KOZHIKODE DATED 24.3.2011

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT POLICE AGAINST THE ACCUSED

ANNEXURE A3 ORIGINAL OF THE COPY APPLICATION C.C.NO.769 OF 2016 IN C.C .NO.671 OF 2012 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III,KOZHIKODE DATED 7.11.2016

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE