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2005 Supreme(MP) 832

RAKESH SAKSENA
Colgate Palmolive (India) Ltd. – Appellant
Versus
Satish Rohra – Respondent


Advocates:
Ajay Mishra with P. Singh for petitioners;
Amit Verma for respondent No. 1.

ORDER

1. Petitioners have filed this petition under section 482 of the Code of Criminal Procedure for quashing the criminal proceedings of the Criminal Complaint R.T. No, 604 of 2000 pending in the Court of Judicial Magistrate First Class, Bhopal, and for quashing the order dated 25.11.1999 passed by the aforesaid Court, taking cognizance of offences punishable under section 420 of the Indian Penal Code and sections 78 and 79 of the Trade and Merchandise Marks Act, 1958.

2. Complainant Satish Rohra, a resident of Idgah Hills, Bhopal, filed a complaint against the petitioner Company, its officers and Directors contending that the petitioner Company is the manufacturer of Colgate Dental Cream. Being prompted and induced by the advertisements made by the Company in various newspapers and television to the effect that by the use of aforesaid Colgate Dental Cream his teeth will remain healthy, he purchased one 50 grams carton of Colgate Toothpaste from Darvesh Medical Store, Bhopal, on 1.2.1999, which he had been using from the past also. He made allegation in the complaint that the aforesaid toothpaste was not being manufactured in the manner it was being advertised and the petitioners w





























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