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2021 Supreme(Raj) 1672

PUSHPENDRA SINGH BHATI
Sanjay Gupta – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
S.D. Purohit, Advocate, Vikram Sharma, Advocate, Veyankatesh Garg, Advocate, Sunil Beniwal, Advocate

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This criminal misc. petition under Section 482 Cr.P.C. has been preferred seeking quashing of the charge under Sections 420 & 120-B IPC and Section 78 of the Trade and Merchandise Marks Act, 1958 and its connected criminal proceedings pending in the Court of learned Additional Chief Judicial Magistrate No.1, Udaipur in Criminal Case No.434/2003.

3. Learned counsel for the petitioner submitted that the present petitioner is not responsible for the offence in question, because he was only acting, in relation to the usage of the trademark in question, as per the orders of main accused Nikunj Doshi, the proprietor of M/s. Alied Chemicals.

4. Learned counsel for the petitioner further submitted that the impugned FIR was submitted by one Dilip Karde, on behalf of the M/s. Henze India Private Limited, Mumbai, alleging therein that his Company was manufacturing Glucon-D and it was being designed and packed according to their trademark, which was registered.

5. Learned counsel for the petitioner also sub

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