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1995 DIGILAW 967 (DEL)

SHIV KUMAR v. STATE OF DELHI

1995-12-14

A.K.SRIVASTAVA

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A. K. SRIVASTAVA ( 1 ) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the investigation of the FIR No. 114/90 dated 21. 4. 1990, Police Station Division 3, Jullundur (in the State of Punjab) under Sections 420,468,471,120-B Indian Penal Code read with Sections 77, 79 and 80 of the Trade and Merchandise Marks Act, 1958. ( 2 ) THE aforesaid FIR is at annexure a pages 20-23 of the papper book. It has been lodged by one S. K. Jairath said to be holder of power of attorney on behalf of Malhotra Book Depot, Adda Hoshiarpur. This FIR was lodged with SSP Jullundur District within the Territory of State of Punjab. In this FIR a prayer has been made that a case be registered against one Mohinder Pal Bansal and raid be conducted to recover the books. It is further requested that investigation be carried out and accused be arrested and put to trial. The contents of the FIR in brief may be stated as follows:- ( 3 ) MALHOTRA Book Depot, Adda Hoshiarpur (on whose behalf this FIR was lodged) is engaged in printing and publishing of guides for the students of Schools and Colleges in various languages and are on sale throughout the Union Terriotry of India. The Firms trade mark was registered under the Trade and Merchandise Marks Act, 1958 vide No. 32540 on 19. 5. 1977 and thereafter the registration has been extended from time to time. The Firm s Tade name is "mbd". On 21. 3. 1990, one Mohan Kalsi admitted before the Complainant that spurious books of chemistry of 10th Class in Punjabi medium of MBD had been obtained by him from Mohinder Pal Bansal, proprietor of Roopa Publication, Adda Tanda Road, Jullundur and also informed that aforesaid Mr. Bansal was in possession of large number of spurious books in the name of "mbd" and that if raid was conducted spurious books could be recovered from him. It was complained in me FIR that accused Mohinder Pal Bansal had committed serious offences of cheating, violation of trade marks under the Act u/s 482 Indian Penal Code, forgery and of conspiracy to commit the said offences. It was complained in me FIR that accused Mohinder Pal Bansal had committed serious offences of cheating, violation of trade marks under the Act u/s 482 Indian Penal Code, forgery and of conspiracy to commit the said offences. It was further complained that the accused was causing wrongful loss to the complainant s firm by way of printing duplicate books of chemistry of 10th Class of Punjabi medium in the name of MBD and was having wrongful gain to himself. ( 4 ) THIS petition has been filed by one Shiv Kumar, who is not named in the said FIR. He says that he is proprietor of printing press known as Supreme Off-Et located at K-5, Malviya Nagar, New Delhi and he is engaged in the business of printing and other printing materials. He does not print any kind of books or printing materials for his own sale. He further says mat on perusal of the FIR, it is apparent that nothing is there in me said FIR to show that the petitioner has committed any offence. ( 5 ) IT appears that the petitioners premises were searched under some search warrant issued by the concerned Court of ACJM, Jullundur. The petitioner says that the aforesaid search warrant against the petitioner is illegal and against the law. ( 6 ) IT appears that due to me aforesaid search me petitioner got aggrieved and filed this petition. ( 7 ) THIS petition has been opposed by me respondents No. 1 and 2, inter alia, on the following grounds:- 1. The prayer is mis-conceived, bad in law and not maintainable; 2. At this stage of the investigation, this Court has no jurisdiction to interfere; 3. The jurisdiction of the Court comes into play only after the stage, the investigation files the chargesheet in the Court; 4. It is wrong to say that cognizance could not have been taken by ACJM at Jullundur. ( 8 ) THIS petition was taken up for admission 8 on 27. 9. 1990. On that date, notice was issued the respondents for 19th November, 1990. On a stay petition Crl. M. No. 1804/90. The following order were passed by V. B. Bansal, J. :- "1804/90 Notice to the respondents for 19th November, 1990. In the meantime, proceedings qua Shiv Kumar, pending in the court of Shri M. M. Bhalla, A. C. J. Jullundhur, shall remain stayed. On a stay petition Crl. M. No. 1804/90. The following order were passed by V. B. Bansal, J. :- "1804/90 Notice to the respondents for 19th November, 1990. In the meantime, proceedings qua Shiv Kumar, pending in the court of Shri M. M. Bhalla, A. C. J. Jullundhur, shall remain stayed. " ( 9 ) DURING me course of proceedings of this case, Arun B. Saharya, J. vide his order dated July 15,1995 passed the following orders:- "crl. M. (M)2092 and Crl. M. 1804 of 90 I would like to hear parties on the question whether it would be appropriate for this Court to exercise its jurisdiction to quash the proceedings arising out of a case registered at Jalandhar. " ( 10 ) THE first and foremost question before me is whether an FIR lodged at Jullundur and the criminal proceedings arising out of the same and pending in a Criminal in Court the State of Punjab can be quashed by this Court, that is to say, Delhi High Court. This question is foremost because the only prayer in the petition is as follows:- (A) Call upon me record ofthe criminal proceedings arising out of the FIR No. ll4/90 dated 21. 4. 90 of P. S. Divn. No. 3, Jullundur, Ludhiana and Sh. M. M. Bhalla, Judicial Magistrate, 1st Class, Jullundur (Pb); (b) quash the criminal proceedings/investigation against the petitioner in FIR No. 1 14/90 dated 21. 4. 90; and (c) Pass such further order or orders as this Hon ble Court may deem fit and proper in the interest of justice. ( 11 ) ADMITTEDLY, the FIR No. 114/90 dated 21. 4. 1990 was lodged at Police Station Division No. 3, Jullundur and the criminal proceedings relating there to were in the Court of Shri M. M. Bhalla, Judicial Magistrate, 1st Class, Jullundur. It is also admitted in the petition that search warrants were issued by the Additional Chief Judicial Magistrate, Jullundur against the petitioner s property. ( 12 ) I am of the clear view that territorial jurisdiction of this Court extends to Union Territory of Delhi only and this Court has no jurisdiction to quash any criminal proceedings pending in the Court of Judicial Magistrate at Jullundur in the State of Punjab. ( 12 ) I am of the clear view that territorial jurisdiction of this Court extends to Union Territory of Delhi only and this Court has no jurisdiction to quash any criminal proceedings pending in the Court of Judicial Magistrate at Jullundur in the State of Punjab. I am also of the view that an FIR lodged at Police Station Division No. 3 Jullundur in the State of Punjab cannot be quashed by this Court i. e. the Delhi High Court. The petitioner will have to approach Punjab and Haryana High Court to seek his, relief. ( 13 ) THE learned counsel for the petitioner advanced arguments before me that since the offences allegedly committed as per the contents of the FIR also relate to offences punishable under Trade and Merchandise Marks Act, 1958, the Courts in Delhi would only be the Court which can take cognizance of such offences. This plea may not be acceptable because the complainant got himself registered under the Trade and Merchandise Marks Act, 1958 with Registrar of Trade Marks at Bombay, and part of the alleged offences have been committed at Jullundur. ( 14 ) MOREOVER, in this petition it is not to be considered as to where the complaint was to be filed and which Court could take cognizance. The question here is as to which High Court is competent to quash the criminal proceedings pending in a Criminal Court at Jullundur in the State of Punjab. I have already given my view that Delhi High Court has no jurisdiction to quash any criminal proceeding pending in a Court at Jullundur in the State of Punjab. ( 15 ) IN view of the above, I hold that this petition is not maintaible in this Court as this Court has no jurisdiction to quash the criminal proceedings/investigation arising out of the FIR No. 114/90 dated 21. 4. 1990 of Police Station Division No. 3, Jullundur pending in the Court of Shri M. M. Bhalla, Judicial Magistrate, 1st Class, Jullundur. ( 16 ) THE petition is accordingly dismissed. ( 17 ) THE order dated 27. 9. 1990 passed in Crl. M. No. 1804/90 is hereby vacated.