THAKUR PRASAD Vs. MOHAMMAD UMAR SULEMAN

JUDGEMENT

(1.) THE plaintiff -opponent Mohammad Umar is a Bidi Merchant and carries on business of manufacturing and selling Bidies under the label of 'Anarkali Chhap Bidi. The petitioners No, 2 and 3 are also 'Bidi Merchants', who carry on the business of manufacturing and selling Bidies and the petitioner No. 4 is their representative.

(2.) A complaint was received by the petitioner No, 1 who is the Sub -Inspector in charge of the Police Station at Sagar; that the Bidies which the opponent No. 1 manufactured and sold were colourable imitation of the 'Phulchhap Bidi' which was manufactured and sold by the petitioners No. 2 and 3. On receiving this report, the petitioner No. 1 registered an offence under Section 420 I.P.C. The petitioner, accompanied by the petitioner No. 4 went to Mahidpur, where the opponent No. 1 resides and carries on business. On 23 -11 -1954 the petitioner No. 1 arrested the plaintiff -opponent, searched his house and seized some Bidies (loose as also tied in bundles) labels and other registers, documents and account -books. The opponent was thereafter released on furnishing security of Rs. 1,500 - and a personal bond of the like amount.

(3.) THE petitioners contested the claim. The petitioner No. 1 filed a separate written statement in which has denied his liability for plaintiff's claim and contended that he had arrested the opponent and searched his house and seized certain articles therefrom in connection with investigation of an offence under See. 420, I.P.C. and that he was within his legal rights in doing so. He also contended that no suit can lie against him in view of the provisions of Sec. 155, Cr.P.C.