N.G. Nandi, J. - (1.)This Criminal Revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is directed against the order dated 19th April 1996 issuing general search warrant in the complaint under Sections 78 and 79 of the Trade & Merchandise Marks Act read with Section 63 of the Copyright Act and Section 420 I.P.C. by the learned Metropolitan Magistrate, Delhi.
(2.)The facts leading to the filing of this revision petition, shortly stated, are that petitioner Pramod Kumar Bhandari, respondent No.2 Ashok Kumar Bhandari and Mr.Vijay Kumar Bhandari are real brothers and were carrying on various businesses as partners and were also Directors/ Shareholders of private limited companies and were members of HUF; that differences arose between the three branches of the family and they jointly filed a petition under Section 20 of the Arbitration Act seeking reference of the disputes between them to arbitration, as agreed vide Agreement dated 25th January 1990; that in civil Suit No.245/90, Mr.Justice G.C.Jain (Retd.) was appointed as the sole arbitrator to adjudicate upon the disputes between the said parties; that the arbitrator passed an interim award dated 30th March 1996 and the same was filed before the High Court at New Delhi which was registered as Suit No.121/96 and the notices were issued by the High Court to the parties to the interim award; that respondent No.2 filed a criminal complaint in the court of Chief Metropolitan Magistrate, Delhi against 'Unknown persons' under Sections 78 and 79 of the Trade & Merchandise Marks Act read with Section 63 of the Copyright Act and Sections 420, 485 and 486 I.P.C. That along with the complaint, an application under Section 93 of the Code for issuance of general search warrant against the unknown persons was also moved alleging that some unknown parties are selling spurious goods being made available in Delhi market and that the said goods are sold by unknown persons under the trade mark 'MK'; that the learned Metropolitan Magistrate, Delhi referred the matter to DCP (Crime & Railways) with a direction to register the case and investigate the matter as envisaged under Section 156(3) of the Code awaiting the report on 4th July 1996.
(3.)On the application under Section 93 of the Code, the learned Metropolitan Magistrate, Delhi issued general search warrant against unknown persons referring the matter to the DCP (Crime & Railways) for search and seizure of the goods under the trade-mark 'MK' within the Union Territory of Delhi. Pursuant to the said general search warrant, the factory premises of the petitioner at C-106, Geetanjali Apartments, Karkardooma, Delhi was visited by the police and the portion of the factory premises was sealed and the Seizure Memo prepared in respect of the goods, as mentioned in the Seizure Memo itself. It is this order of issuance of general search warrant dated 19th April 1996 passed under Section 93 of the Code which is assailed and sought to be revised in this petition.