Brief facts of the case which are relevant for the disposal of this criminal revision are that Sharad Kumar Patel (who has died during the pendency of this revision), non-applicant No.3 Bhupendra Kumar and non-applicant No.4 Azad Kumar Basant Lal lodged a complaint at police station Majhgawan, Tehsil Sihora averring that they are the partners of firm M/s Radhakishan Narayandas and the firm is engaged in the manufacturing and marketing of Bidis under the 2 CRR.No.1615/2003 trademark "Khargosh".The Bidis that are made by the firm are mainly sent for sale in Uttar Pradesh and the firm has Bidi making units in village Majhgawan, Indrana, Ghughra and Katangi in Jabalpur District.It is further averred that in the past Chandrika Prasad Patel and Govind Singh, used to work in Majhgawan unit of the firm.Reserved on : 13/02/2020 Delivered on : 24/02/2020 This criminal revision has been filed under Section 397/401 of the Code of Criminal Procedure against the order dated 23.08.2003 passed by learned Judicial Magistrate First Class, Sihora, Jabalpur in criminal case No. 290/99 whereby learned JMFC framed charge against the applicants / accused for the offence punishable under Sections 485, 486, 487, 488 read with Section 34 of IPC.Complainants/ respondents expelled them and ten months ago they also expelled applicants Jayantilal Patel and Ramchandra Patel from the partnership of the firm M/s. Radhakishan Narayandas.Thereafter they had no relation with the firm and the trademark of the firm.It is further averred that the information was received that applicants Jayantilal Patel, Ramchandra Patel, Chandrika Prasad Patel and Govind Singh are selling the Bidis by using the firm's name and trademark and are earning illegal profits and also causing loss to the firm, so action be taken against them.On that police inquired about the matter and during the enquiry, police raided the premises located at village Gidurha and seized packets of "Khargosh" brand Bidis and packaging material and found that applicants are illegally doing business of making and selling Bidis in the name of "Khargosh" brand.On that police filed the complaint before the JMFC Sihora against the applicants.On the basis of that complaint Criminal Case No. 290/1999 was registered and learned JMFC, Sihora vide order dated 23.08.2003 framed charge against the applicants for the offence punishable under Sections 485, 486, 487, 488 read with Section 34 of IPC.Being aggrieved from that order applicants filed this criminal revision.3. Learned counsel for the applicants submitted that earlier applicants Jayantilal and Ramchandra were also the partners of the firm M/s Radhakishan Narayandas.Complainant wrongly expelled them from the partnership.Applicants Jayantilal and Ramchandra had filed a Civil Suit No. 18A/2006 against that resolution.That Suit was decreed by VIII ADJ, Jabalpur vide judgment and decree dated 22.10.2008 and declared the resolution void.It was also declared that applicants Jayantilal and Ramchandra are the partners of the firm M/s Radhakrishna Narayandas and are entitled to act as partners of the firm along with the respondent.So no offence under Sections 485, 486, 487, 488 read with Section 34 of IPC is made out against the applicants.Learned 3 CRR.No.1615/2003 trial court without appreciating this fact wrongly framed charges against the applicants.So, applicants be discharged from the aforesaid charges.Learned counsel for the State opposed the prayer and submitted that the implication of the judgment passed by learned Additional District Judge, Jabalpur is to be considered by the trial court after recording the evidence.At this stage, only on the basis of that judgment charges framed by the trial court against applicants cannot be quashed.There is sufficient evidence available on record to frame charges against applicants.In the matter of Sheoraj Singh Ahlawat and others Vs.On merits, materials/ documents filed by accused cannot be considered.The material produced by prosecution alone is to be considered.Complainant wrongly expelled them from the partnership.In that judgment, the court declared that resolution void and it was also declared that applicants Jayantilal and Ramchandra are the partners of the firm M/s Radhakrishna Narayandas and are entitled to act as partners of the firm along with the respondents.It also appears from the record that Sharad Kumar Patel, non-applicant No.3 Bhupendra Kumar and non-applicant No.4 Azad Kumar Basant Lal had filed Civil Suit No. 1A/2000, before District Judge Jabalpur.In that Civil Suit also vide order dated 05/02/2000 District Judge prohibited the applicants Jayanti Lal Patel and Ramchandra from selling, marketing and distributing Bidis Under the trademark 'Khargosh'.The Bidis that are made by the firm are mainly sent for sale in Uttar Pradesh and the firm has a Bidi making units in village Majhgawan, Indrana, Ghughra and Katangi in Jabalpur District.It is further averred that ten months ago they had expelled applicants Jayantilal Patel and Ramchandra Patel from the partnership of the firm M/s. Radhakishan Narayandas, thereafter they had no relation with the firm and the trademark of the firm.

Cited provisions: Section 34 in The Indian Penal Code