The High Court · 2025

Prosecutor, High Court at Hyderabad-

2. R. Gowrisankar, Chief Financial Officer of Rainbow Children's Hospital, Registered Office is Situated at Road No.2, Survey No 403, Banjara Hills, Hyderabad. ...Responde nts Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners /accused No.1 and 2 in CC No.5371 of 2023, on the file of Hon'ble Xll Addl. Chief Metropolitan [/agistrate at Hyderabad. l.A. NO: 1 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC No.537'1 o'f 2023, on the file of Hon'ble Xll Addl. Chief Metropolitan [Vlagistrate at Hyderabad including the appearance of the petitioners /accused No.1 and 2 till the disposal of the quash petition. i.-.::. ..: .aiEia _ =/ .t l.A. NO: 1OF 2025 Between: R. Gowrisankar, Chief Financial Officer of Rainbow Children's F ospital, Registered Office is Situated at Road No.2, Survey No 403, Banjara Hills, F yderabad. ...Petition -' r/ Respondent No2 And

1. Neppalli Durga Narender, S/o N. Sambasiva Rao, Age- .38 Years, Occ- Business, R:/o Flat No.101, PlotNo.22,HlG 2nd F hase, HUDAColony, Church Road, Chandanagar, Hyderabad.

2. Smt. N. Preethi Santhoshi, Wo Neppalli Durg; Narender, Age-38 Years, Occ- Business, Rl/o Flat No.101, Plot No. 22, HIG 2nd Phase, HUDA Colony, Church Road, Chandanagar, Hyde^abad

3. The State of Telangana, Through PS CCS,DD, Fly lerabad. Rep by Public Prosecutor, High Court at Hyderabad. ...Res p,ondents/Petitioners ...Resp ondenURes ponde nt Petition under Section 528 of BNSS praying that ir the circumstances stated in the l\/emorandum of Grounds of Criminal Petitior, the High Court may be pleased to vacate the interim orders dated 10.O3.2025:Ls extended from time to time. This Petition coming on for hearing, upon perusing the fi,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Rajashekar Advocate for the Petitioners and Sri l)urepalli Prashanth, Assistant Public Prosecutor on behalf of the Respondent lJr .1 anJ of Sri lr,4anoj Reddy Keshi Reddy, Advocate for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15077 OF 2O2+ ORDER: This Criminal Petition is filed under $ection 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioners / accused Nos.l and 2 to quash the proceedings against them in C.C.No.5371 of 2023 on the file of XII Additional Chief Metropolitan Magistrate at Hyderabad.

2. Heard Mr. K. Rajashekar, learned counsel for petitioners, Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 - State and Mr. Manoj Reddy Keshi Reddy, learned counsel for respondent No.2 at length. Perused the material on record

3. It is alleged by respondent No.2 that the accused are running a diagnostic centre in the name and style of "Rainbow Diagnostics" and that the word "RAINBOW" is a registered trademark of respondent No.2 organisation and such use amounts to infringement of registered trademark ' ..,,.. e-,.-.a..i. ,) ]AK, J (lR I P I5077 202,1

4. Or'L 26.O7.2025, memo ls frled by learn -d cc,unsel for petitioncrs/accusecl Nos.1 and 2. On perusal o- he documents annexecl '"vitlr the memo dated 26.O7.2025, it is o rsen,ed that, a certificate of relqistration uide application bearir:g No.927, <latecl lI.Ol.2O23, r.r,:r s issued in the name and stvle of M/s. Echo Dieignostics, lot:aled at shop No.1-58/S B & 9, \ ashoda, Pearl, near Dt:epthi Shree Nagar Colony Bus Stop. Marlinaguda, Ranga lledci.v [)istrict. The District Registration Authorily i.e., (DMHO) Rzrnga Reddy District, issued a Certificate of Registration to t he said Diagnostic in the narn:, anrl style of M/ s. trcl-ro DrLgnostrcs under the provisionr; of 'l'elangana Allopathic Priv:rte Medical Care Establishment; (Registration ancl Regulation) Act, 2OO2 and that the Registrirtion shall be in force for a pr:riod of five (05) years and i: vald up to 06.O8.2O28. 'lhis very same diagnostlcs was r i rlier operating in the name artd style of M/ s. Rainbovl, Diagnos ic Centre vide an Acknowledg:nent of Registration of Firm issr-rr d by Registrar of Firms dated 15.04.2013.

5. Learne<l counsel appearing on behalf of pel itioners/ accused Nos.1 and 2 submits that, as the name and style of M/s llainbow Diagnostic Centre is cJrrrnged to M/s. J JAK, ] CRLP 15077 2024 Echo Diagnostics and in view of the Certificate of Registration granted by the concerned authorities, no orders need be passed in present criminal petition.

6. When the same was queried, learned. counsel appearing on behalf of respondent No.2, on instructions stated that the said accused have altered the name of M/s. Rainbow Diagnostic Centre to M/s. Echo Diagnostics at the same address and sought liberty to proceed in accordance with larv iI the petitioners/ accused Nos.1 and 2 indulge in similar act (for which a complaint was registered earlier) in future.

7. It is left open to respondent No.2 to initiate legal proceedings against petitioners/ accused Nos.1 and 2 in future, if in case the accused herein resort to using the name of M/s. Rainbow Diagnostic Centre a registered trademark in favour of respondent No.2's Organization

8. For reasons aforesaid, this Court is of the opinion that proceedings in C.C.No.537l of 2023 on the file of XII Additional Chief Metropolitan Magistrate at Hyderabad against petitioners/ accused Nos.l and 2 are liable to be quashed and are hereby quashed. 4 JAK, J c:Rt_P t5077 2024

9. Accordingly, this criminal petition is allou e 1. I l Miscellaneous applications pending, if iu,y, shal1 stand clost:d //TRUE COPY// sD/- AHMEI A$ SI T REGIS N R The Xl Additional Chief Metropolitan Magistrate, NamSth The Station House Officer, Central Crime Station Polic: 3tation, Hyderabad Two CCs to Public Prosecutor, High Court for the State ' " f Telangana at Hyderabad [OUT] One CC to Sri K. Ralashekar, Advocate [OPUC] One CC to Sri Manoj Reddy Keshi Reddy' Advocate ( PUCI Two CD Copies Hyderabad. To, 1 2 3 4 6 ABt(PSL \v HIGH COURT DATED: 2810712025 ORDER CRLP.No.15077 of 2024 1 i:'" 17 0tl ?5 -.?. \,{. .. '.. ,':.-..__ \r_.::' ALLOWING THE CRIMINAL PETITION q, d("lt'\r - 46a2