Case Title: Procter & Gamble Hygiene Vs. State of Himachal Pradesh & Others Date of Order: 28 May 2025 Case Number: Cr. MMO No. 266 of 2024 Neutral Citation: 2025:HHC:16349 Name of Court: High Court of Himachal Pradesh, Shimla Name of Judge: Hon’ble Mr. Justice Rakesh Kainthla
Brief Facts:
Procter & Gamble (P&G) challenged an order directing the registration of an FIR against them, alleging use of patented textile dyeing technology involving neem and holy basil without authorization. The informant claimed to have developed this patent technology and accused P&G of stealing and using it for commercial benefit, specifically in their sanitary products. P&G argued that their process is proprietary and different from the patented technology, and there was no intent to deceive.
Decision:
The court acknowledged the allegations and the trial court’s order directing registration of the FIR but also noted the need for a proper investigation. The court emphasized that mere allegations are not sufficient to quash an FIR and that investigation is necessary to establish the facts. The petition was pending further proceedings, and the order for FIR registration was not quashed.
Law Settled:
The court reaffirmed that the magistrate's order to register an FIR should not be interfered with unless it is clearly unfounded or without basis. The principles laid down in Ch. Bhajan Lal and other precedents establish that the court should not interfere in the initial stages of an FIR unless there are gross irregularities or manifest illegality.
