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2021 Supreme(Chh) 246

NARENDRA KUMAR VYAS
Bhupesh Goyal S/o. Basant Goyal – Appellant
Versus
State of Chhattisgarh, Through The District Magistrate, Durg, Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioners:Shri Tarendra Kumar Jha, Advocate.
For the Respondents:Shri Rakesh Sahu, Dy. Government Advocate, Shri B.P. Gupta, Shri Ashok Kumar Verma and Shri Gajendra Prasad Sahu, Advocates.

ORDER :

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the registration of FIR No.739/2018 at police station City Kotwali, Durg alleging commission of offence under Section 420/34 of IPC read with Section 63 of the Copyright Act, 1957 and Section 29 of the Trade Marks Act, 1999, subsequent submission of final report before the Chief Judicial Magistrate, Durg which is registered as Criminal Case No.36770/2018. The police has filed charge-sheet before the Chief Judicial Magistrate, Durg on 30.11.2018.

2. The brief facts as projected by the petitioners are that respondent No. 3, who is the owner of Jain Chuski Chai, has filed complaint before the Police Station, City Kotwali, Durg on 14.09.2018 alleging that the petitioners were projecting their products as ‘Goyal Chuski Chai’ which is violation of the Copyright Act. They are using his name without being registered before Registrar, Trade Marks. This is causing financial loss to them, therefore, FIR has been lodged. ‘Jain Chuski Chai’ is registered with Registrar, Trade Marks as well as Registrar, Copyright bearing Copyright registration No. is 87652/2009 dated 26.11.2009 and Tr

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