AB 1398/2011 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. T.J. Mahanta, learned counsel for the petitioners and Mr. K. Munir, le arned Addl. P.P, who accepts notice on behalf of the State of Assam. This application is filed under Section 438 Cr.P.C by the petitioners seeking pr ivilege of pre arrest bail in connection with Bihpuria P.S Case No. 128 of 2011 registered under Section 420 IPC read with Section 63/65 of Indian Copy Right Ac t, 1957 read with Section 103/104 of TMM Act. The aforesaid case was registered on the basis of the information in writing filed by one Sujit Shaw, an authorise d representative of M/s. IPR Vigilance Services Pvt. Ltd alleging inter alia the rein that M/s. Purvanchal Infra & Industries Pvt. Ltd at North Lakhimpur has bee n allegedly using trademark of M/s. Cement Manufacturing Company Ltd. In support of the petition Mr. Mahanta, learned counsel for the petitioners sub mitted that M/s. Purvanchal Infra & Industries Pvt. Ltd. North Lakhimpur has no t infringed the trade mark at any point of time. The aforesaid pvt. Ltd. has bee n using its trade mark allowed by Trade Mark Bureau of India and has been manufa cturing cement under the said trade mark. On the basis of the submissions, the m aterials which are available in the case diary are meticulously perused, wherefr om it appears that M/s. Purvanchal Infra & Industries Pvt. Ltd. at North Lakhimp ur is manufacturing cement under the trade mark as allowed by the Trade Mark Bur eau of India. The allegation made by the first informant that the aforesaid Purv anchal Infra & Industries Pvt. Ltd. North Lakhimpur has been using trade mark of M/s. Cement Manufacturing Company Ltd. does not seem to have any basis in view of the authority given to this private limited by the Trade Mark Bureau of India to use the trade mark as indicated therein. Taking note of all the matters in its entirety and the materials available in th e case diary, this court does not find any ground to reject this application fil ed under Section 438 Cr. P.C. Accordingly, the interim provided vide order dated 24th May, 2011 is made absolute. This application stands allowed and disposed of.