Heard Sri Rajshekhar Gunjalli, learned counsel for the

petitioner and Sri Rajendra Patil, learned counsel for

respondent No.1 and learned High Court Government Pleader

for respondent No.2-State.

These two writ petitions are filed under Articles

226 and 227 of the Constitution of India read with Section

482 Cr.P.C., with the following prayers:

"Prayer in W.P.No.107699/2015: (A) Quash the

F.I.R. and the complaint in Crime No.260/2015 of

Ballari Rural Police Station and pending on the file of

III Addl. Civil Judge and JMFC, Ballari for the offences

under Sections 201, 420, 465, 468, 471, 472 of IPC

VIDE Annexure-C and all further proceedings in the

said case; (B) Direct respondent No.2 to pay

compensation at Rs.5,00,000/- to the petitioner for his

wrongful

arrest

and

detention

and

consequent

sufferings undergone by the petitioner.

Prayer in W.P.No.107698/2015: Quash the

F.I.R. and the complaint in Crime No.260/2015 of

Ballari Rural Police Station and pending on the file of

III Addl. Civil Judge (Jr.Dn.) and JMFC, Ballari vide

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Annexure-A for the offences under Sections 201, 420,

465, 468, 471, 472 of IPC and all further proceedings

in the said case."

3.

Brief facts of the case are as under :-

Upon the complaint lodged by the first respondent,

Ballari Rural Police registered a case against the petitioners

herein for the violation of the provisions of the trademark

and also under Section 201, 420, 465, 468, 471 and 472

IPC. The gist of the complaint averments are that infront of

Taranath Hospital in the Ballari Rural Police jurisdiction, Bunt

Solar India Private Limited/Company had installed solar

water heater in DAR quarters which has resulted in violation

of the Trademark of the complainant company and therefore,

sought for action.

4.

The

Police

after

registering

the

case

are

investigating the matter. In the meantime, the petitioners

have approached this Court with the aforesaid prayers on the

following grounds:

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• The registration of the F.I.R. and also all

further proceedings are vitiated by malice

and there is absolutely no valid ground to

register the criminal case.

• Necessary

ingredients

of

the

alleged

offences are not at all made out and hence

registration of the F.I.R. itself is illegal and

without jurisdiction.

• The allegation is that the complainant is

holding trade mark and their logo has been

unauthorisedly put by the accused. All these

allegations are false.

• Without prejudice, it is further submitted

that these allegations would best amount to

contravention under the provision of Trade

Mark Act. But the Police have wrongly and

mischievously quoted Sections 201, 420,

465, 468, 471. 472 of IPC with the

malicious intention of somehow adding non-

bailable offences, at the instance of the

complainant/Respondent No.1 herein for

extraneous consideration and in order to

thrust the petitioner to jail.

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• The petitioner suffered unlawful detention

on account of the registration of the F.I.R.

on the basis of the false and baseless

complaint.

• The Police/Respondent No.2 deliberately

invoked wrong penal provisions to thrust

the petitioner to prison, thereby the right of

the petitioner to live with dignity as

enshrined

under

Section

21

of

the

Constitution of India has been violated..

Moreover, no

enquiry

whatsoever was

conducted by the Police before arresting

and producing the petitioner before the

Court. The petitioner has not provided any

opportunity to put-forth his say to the

Police even though he has stated that he is

innocent, the Police acted maliciously by

abusing their powers and in contravention

of the directions issued by the Hon'ble

Supreme

Court

regarding

arrest

and

procedure to be followed by the Police. The

Police are liable to be compensated the

petitioner for the loss suffered by him.

• The petitioner himself had appeared before

the Police and even he was co-operating

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with the investigation. There was absolutely

no ground even to suspect that petitioner

would

abscond.

Hence

arrest

was

u