IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 474 of 2008() ----------------------------------- FIR NO.11/08 OF COCHIN CITY TOWN SOUTH POLICE STATION ------------------------- PETITIONER/4TH ACCUSED ------------------------------------------ SANTHOSH, AGED 30, S/O. MURALIDHARAN, M/S. ELECTRONIC PLANET, OPPOSITE EMMANUEL MARTHOMA CHURCH, SOUTH BAZAR KANNUR. BY ADV. SRI.ABRAHAM JOHN RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- 1. RAJESH MYLADOOR, AGED 31 YEARS, S/O. PHILIP MYLADOOR, MYLADOOR HOUSE, KOZHIPPILLY P.O., KOTHAMANGALAM-686 661. 2. S.I. OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. SRI.SAJI MATHEW SRI.DENU JOSEPH SRI.RENNY AUGUSTINE R2 BY PUBLIC PROSCECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.474/2008 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1: COPY OF THE FIR NO.11/08 ANNEXURE-II: COPY OF THE COMPLAINT GIVEN BY THE 1ST RESPONDENT TO THE I.G. OF POLICE ANTI PIRACY CELL, TRIVANDRUM. ANNEXURE-III: COPY OF THE INTERIM INJUNCTION ORDER PASSED BY THE DISTRICT COURT, ERNAKULAM IN O.S.NO. 2/08 DATED 5/1/08 . ANNEXURE-IV: COPY OF THE COMMERCIAL INVOICE FOR IMPORTING THE INDUCTION COOKER BY AUGUR INDIA ENTERPRISE WHICH IS THE CONCERN OF THE 1ST RESPONDENT. ANNEXURE-V: COPY OF THE PURCHASE AGREEMENT DATED 22ND OCTOBER, 2007 IN FAVOUR OF M/S. GAGO INTERNATIONAL. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.474 of 2008 -------------------------------------- Dated this the 16th day of June, 2011. ORDER Petitioner is the fourth accused in Crime No.11 of 2008 of Ernakulam Town South Police Station originally registered for offence punishable under Section 420 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Allegation is that petitioner, making use of the design and patent number sanctioned to CWs 1 and 2 by the Government of India made induction cooker with name ‘insta cook’ adopting the model of ‘augur and maginer induction cooker’ being manufactured and marketed by CWs 1 and 2 through Augur India Enterprises, petitioner made such adaptation to make people like CW3 believe that the induction cooker manufactured by him is that one manufactured and marketed by CWs 1 and 2 and thereby cheated CWs 1 and 2 and others. Petitioner requests that proceeding against him may be quashed. Learned counsel has placed reliance on Section 22 of the Designs Act, 2000 to contend that so far as persons who claims to be the owner of the design is concerned, their remedy is only as provided in the said Section in view of the second proviso to Sub-section (2) of Section 22 of the said Act that no suit or any other proceeding for relief under that Sub-section shall be instituted in any court below the court of District Judge. That provision according to the learned counsel, prevented CWs 1 and 2 from initiating prosecution against petitioner. Learned Public Prosecutor submitted that investigation is completed and final Crl.MC No.474/2008 2 report has been submitted before learned Additional Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 468, 471 and 420 read with 34 of the IPC and learned Additional Chief Judicial Magistrate has taken cognizance of the said offences. 2. Since a final report is submitted before learned Additional Chief Judicial Magistrate, Ernakulam it is not necessary for me to proceed with this proceeding. It is open to the petitioner to raise his defence if any before learned Additional Chief Judicial Magistrate. Without prejudice to that right of petitioner, this Criminal Miscellaneous Case is dismissed. THOMAS P.JOSEPH, Judge. cks