ZAHIR AHMED Vs. AZAM KHAN

JUDGEMENT

(1.) By this Revisional Application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code) the Petitioner Accused, Zahir Ahmed, has prayed the Court for quashing of the relevant Proceedings/investigation in G.R. Case No. 1000 of 1994, arising out of Section "K" Calcutta Case No. 255 dated 22-4-1994, for the reasons stated and on the grounds made out therein.

(2.) The Opposite Party No. 1-complainant-Azam Khan (hereinafter referred to as complainant) had filed the relevant petition of complaint before the Additional Chief Metropolitan Magistrate at Calcutta (hereinafter referred to as learned Magistrate) on 22-4-1994 on the allegations made therein against the accused for the alleged offences punishable under Ss. 78 and 79 of the Trade and Merchandise Marks Act, 1958 and S. 63 of the Copyright Act, 1957, read with Sec. 420 of the Indian Penal Code, and had prayed before him (learned Magistrate) for directing the Deputy Commissioner of Police, Enforcement Branch, Calcutta, to investigate the case in terms of S. 156(3) of the Code by treating the petition of complaint to be the F.I.R. of the case. From the Annexure-B to the Revisional Application, being the xerox copy of the certified copy of the aforesaid petition of the complaint, it would also appear that the learned Magistrate on the same very day (22-4-1994) had directed the O/C., Enforcement Branch, to investigate the case under S. 156(3), Cr. P.C. and treat the petition of complaint as F.I.R.

(3.) The allegations made by the complainant in the petition of complaint (hereinafter referred to as F.I.R.) may shortly be stated as follows :