IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 17 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 43273 of 2025 RAJKUMAR BHATIA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Karan Virwani - Advocate for the applicant.

Ms. Jyoti Gautam - PL for the State.

Shri Prashant Sharma- Advocate for respondent No.2.

Shri Girija Shankar Sharma- Advocate for the respondent No.3 and 4.

None for respondent No.5 even after service of notice.

ORDER The instant application has been filed under Section 483(3) of the BNSS for seeking cancellation of anticipatory bail/recalling the order dated 24.09.2024, 27.09.2024 and 30.09.2024 passed by the Additional Sessions Judge, Vijaypur District Sheopur.

Brief facts of the case are that on 17.09.2023, the petitioner (complainant) submitted a typed application against one Gopal Soni, thereby stating that said Gopal Soni is misusing the petitioner’s brand name, his trademark and copyrights and is selling fake “Bhatia Masale” and is misleading the general public, which is causing harm to the image and goodwill of the petitioner.

Upon ‘the aforesaid complaint of the petitioner, an FIR bearing crime no. 129/2023 was registered at police station Veerpur, District- Sheopur (M.P.) for offence punishable under - Sections 420 of IPC and section 63 of the Copyrights Act and thereafter, the matter was taken up for investigation and the accused Gopal Soni was interrogated, and in his memorandum, he admitted the fact that he was selling fake “Bhatia Masale” and also produced 2 fake packets of “Bhatia Lal Mirch” and informed that he had procured the fake packing materials of “Bhatia Masale” from one Rakesh Singhal.

Thereafter, the accused Rakesh Singhal was interrogated and he accepted his crime and on memorandum informed the police that he along with one Bobby Goyal (present respondent no. 2) copied the original packing of “Bhatia Masale Mirch Powder” and procured the cylinders used for making the false and fabricated packaging material in the name of “Bhatia Masale”, and fake polythenes made from one Rajeev Agarwal, who resides at Industrial Area, Mathura, U.P. and the said cylinders are available at his residence at Morena, MP. which were later seized by the Investigating Officer along with other relevant material.

Thereafter, the concerning I.O. issued notice under section 41(A) of Cr.P.C. to all the four accused persons and they were directed to co-operate with the investigation and the concerning I.O. undertook the necessary and required steps and subsequently filed the charge sheet before the competent court on 29.12.2022 by enhancing the offence under sections 120-B, 201 of IPC and 102,103 and 104 of the Trademarks Act. And accordingly, the J.M.F.C. Court took the cognizance of the matter under the aforesaid sections against the accused persons.

At the time of filing of the charge sheet, the accused persons preferred application u/s 437 of Cr.P.c, which were allowed by the. JM.LF.C. by considering that all the offences are punishable |with imprisonment up to 7 years and accordingly, the accused persons were directed to be released on bail bonds of Rs, 25,000/-each, vide order dated 29.12.2022.

Thereafter, on 13.04.2024, the petitioner/complainant preferred an application u/s 216 of Cr.P.C., and after hearing the counsels of both the parties, the aforesaid application was decided and dismissed by the J.MF.C. Court vide order dated 02.09.2024, as being not maintainable because charges were not framed till then. On the same date i.e. on 02.09.2024, the JMFC Court also heard the arguments on the question of framing of the charges against the accused persons and the J.M.F.C. Court after perusing the entire charge sheet reached to the conclusion that the offences punishable under sections 467, 468, 469, 470, 471 and 473 of IPC are also made out in addition to the offences for which at he cognizance was already taken. And since the accused persons have not obtained