O R D E R

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The accused in CC No.10/2021 of the Court of the Chief Judicial Magistrate, Kozhikode are in revision aggrieved by the rejection of their application for discharge CMP No.1063/2021 filed under Section 239 Cr.P.C.

2. The prosecution alleged that Bhardhaman Agro Products (I) Private Limited is a corporate firm and its Marketing Promotional Manager is the informant. The Firm is marketing rice in the brand name “Rose Brand”. The accused conspired together and formed a Firm named “Bhardhaman JM Agro Products”. The accused marketed their finished rice products in packets marked as “Three Roses”, which is deceptively similar to the trade mark of the informer. The accused marketed their rice as if it is the product of Bhardhaman Agro Products (I) Private Limited.

3. When the Station House Officer submitted Final Report for offences punishable under Sections 465 , 467, 468, 420 and 120B read with Section 34 IPC and Section 63 of the Copyright Act , the accused filed CMP No.1063/2021 seeking discharge, invoking Section 239 Cr.P.C.

4. The Chief Judicial Magistrate, after examining the petitioner and hearing the parties, held that affixing a brand name deceptively simila