Thursday, July 20, 2023

Mahesh Kumar Khemka Vs State of UP

Date of Judgement:12.07.2023
Case No.Criminal Revision No.1799 of 2023
Neutral Citation:2023:AHC:137488
Name of Hon'ble Court:High Court of Allahabad
Name of Hon'ble Judge: Sudhanshu Panday, H.J.
Case Title:Mahesh Kumar Khemka Vs State of UP

THE RELEVANT OBSERVATION OF HON'BLE COURT WHILE ALLOWING THE REVISION PETITION AGAINST FRAMING OF CHARGE

This Revision has been filed against the Order of Ld. Magistrate where charges has been framed against the Petitioner inter alia under the Provisions of Copyright Act.

The Complainant also filed Civil Suit against the Petitioner where in no any relief of injunction was granted.

Reason of non grant of injunction against the Petitioner was that no evidence of any confusion was filed.

In view of the above the order of framing charge against the Petitioner was found not to be tenable in the eyes of law.

DISCLAIMER

Information contained herein is being shared in the public Interest. The same should not be treated as substitute for legal advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the facts and law involved herein.

Advocate Ajay Amitabh Suman
IP ADJUTOR
Patent and Trademark Attorney

#IP_Adjutor #Trademark #Copyright #Design_infringement #Patent_infringement #IPR #Intellectualpropertyright #Iprupdate #Iprnews #Iprblog #Legalblog #law #legal
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