J.B.PARDIWALA
Kalimhaider Safi Hasan Saiyed – Appellant
Versus
State of Gujarat – Respondent
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,
Navinchandra N. Majithia vs. State of Maharashtra & Ors. reported in (2000) 7 SCC 640
Election Commission, India v. Saka Venkata Rao
K.S. Rashid and Son v. Income-tax Investigation Commission etc.
Lt. Col. Khajoor Singh v. Union of India and another
State of Rajasthan and others v. M/s. Swaika Properties and another, (1985) 3 SCC 217
Oil and Natural Gas Commission v. Utpal Kumar Basu and others, (1994) 4 SCC 711
Kusum Ingots and Alloys Ltd. v. Union of India and another
Union of India and others v. Adani Exports Ltd. and another
Om Prakash Srivastava v. Union of India and another (2006) 6 SCC 207, (AIR 2007 SC (Supp) 1834
Nawal Kishore Sharma v. Union of India
Union of India v. Adani Exports Ltd.
Navinchandra N. Majithia [(2000) 7 SCC 640
Kusum Ingots & Alloys Ltd. v. Union of India [(2004) 6 SCC 254]
Eastern Coalfields Ltd. and Others Vs. Kalyan Banerjee
Rahul Gupta v. State of Rajasthan [2009(3) GLR 2148]
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