1 Cri.Appln.No.1304/06 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1304/2006 Manoj s/o Ghanshyamdas Dodya Age: 31 Yrs., occu.Business, R/o Kapdea Galli, Hingoli. = APPLICANT VERSUS 1) The State of Maharashtra Through the P.I.,Hingoli Police Station, Hingoli. 2) The Superintendent of Police Hingoli, Dist.Hingoli. 3) Capt. D.Chalpati Venkataramana Appa, Manager, CBS Company, C-3-1, Consultant India Pvt. Ltd. 51, Kodali Tower, Transfort Road, Secundrabad.= RESPONDENTS *** Mr.NR Shaikh, APP for Resp. Nos.1 and 2 ----- CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 18th October, 2011. ORAL JUDGMENT (PER :A.H.JOSHI,J.) 1) None for the applicant and Respondent No.3 2) Heard learned APP for State. Perused the record. 2 Cri.Appln.No.1304/06 3) The applicant has challenged registration of FIR vide Crime No.3010/2006 registered against him at Hingoli police station on 16th March, 2006, under Section 65 of the Copy Rights Act. 4) By way of grounds of challenge, following grounds are put-forth :- "(IV) The allegations made in the FIR or complaint are vague and ambiguous and the evidence collected in support of the same do not disclose the commission of any offence, and make out case as alleged or otherwise. The product alleged to be seized by the respondent no.3 under the garb of duplicate product, is mentioned as HP Inkjet Cartage No.27 Black and HP Jet Chartage No.28 Colour. As per the respondent no.3, these are the products of his company. Therefore, this fact itself is sufficient to hold that the seized product are original and not duplicate one." 5) The question of selling the duplicate HP Peripheral Ink jet is a matter of fact. 6) If the investigation into the matter 3 Cri.Appln.No.1304/06 proceeds, the offence, as alleged is committed or not would unfold. Ultimately, in the event of filing of charge sheet, the applicant has right to put up his defence when the matter proceeds in the trial court. 7) In this view of the matter, the criminal application does merit any further indulgence, it is accordingly dismissed. 8) Rule discharged. Interim stay granted by this Court stands vacated. Sd/- sd/- (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/