SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Mad) 1824

SUNDER MOHAN
Chainsingh – Appellant
Versus
State Rep By its Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Petitioners:I. Abdul Basith, Advocate. For the Respondent: R1, A. Damadoran, Additional Public Prosecutor. R2, No Appearance.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.5225 of 2020 pending on the files of Metropolitan Magistrate for the exclusive trial of CCB Cases and CBCID Cases, Egmore, Chennai and quash the same.)

1. The petition is to quash the final report for the alleged offences under Section 63 of the Copyright Act, 1957 and Section 420 of the Indian Penal Code.

2. It is alleged in the final report that the petitioners were found in possession of counterfeit Adidas/Reebok ready-made Garments, Tags, Accessories and Labels; thus, they committed the aforesaid offences.

3. Mr. I.Abdul Basith, the learned counsel for the petitioners, would submit that the offence under Section 63 of the Copyright Act, 1957 is not made out on the allegation; that the Copyright is applicable only to the works mentioned in Section 13 of the Copyright Act, 1957; that it does not apply to the Garments and other products which are mentioned in the impugned final report; and that there is no complaint from any person or consumer that they have been cheated by the purchase of any of the goods sold by the petitioners, and in the absence of suc

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top