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2016 Supreme(Guj) 521

J.B.PARDIWALA
Kalimhaider Safi Hasan Saiyed – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Kruti M. Shah and Namrata J. Shah, Advocates
For the Respondents: Mitesh Amin, Public Prosecutor and J.K. Shah, APP

JUDGMENT :

J.B. Pardiwala, J.

1. By this writ application under Article 226 of the Constitution of India, the petitioner - original accused has prayed for the following reliefs:

"8 (A) Admit and allow this petition.

(B) Issue appropriate writ order or direction, for quashing and setting aside the FIR CR No.II4/2015 registered at Panvel City Police Station, District New Mumbai, State of Maharashtra on 21.01.15, for the offence U/ss. 63 and 64 of Copy Right Act.

(C) Pending admission and final hearing of this petition, stay the further proceedings of FIR CR No.II4/2015 registered at Panvel City Police Station, District New Mumbai, State of Maharashtra on 21.01.15, for the offence U/ss. 63 and 64 of Copy Right Act.

(D) Grant such other and further relief as thought fit in the interest of justice."

2. The facts of this case may be summarized as under:

"2.1 The petitioner is one of the partners of a partnership firm running in the name of M/s. S.V. Chemicals. The firm is engaged in the business of marketing and selling the detergent cake, soap and washing powder with a trademark/label mark 'YUG UNJAHWALA'. The respondent No. 2 lodged a First Information Report at the Panvel City Police Station,



























































































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