BINJRAJKA STEEL TUBES LTD Vs. STATE

JUDGEMENT

(1.) THIS Petition is filed to quash the criminal proceedings initiated in Crime No. 771 of 2003 pending investigation on the file of the Circle Inspector of Police, Town Police Station, Vaniyambadi.

(2.) THE second petitioner/second accused in Crime No. 771 of 2003 on the file of the Circle Inspector of Police, Town Police Station, Vaniyambadi, is the Managing Director of the first petitioner/first accused company which was incorporated under the Companies Act in 1981. The company is engaged in manufacturing the pipes for more than 21 years. The company has been manufacturing the pipes dia with the specifications of "bureau of Indian Standards (BIS)" and Industrial Licence was also issued by the Government of India on 4. 4. 1986. The patent Copy Right is not applicable to the manufacturing of the pipes. The Steel Pipes manufactured by the first petitioner company are supplied to the customers of the State of Karnataka, Tamil Nadu and other States and which are used for heavy water project, Mechanical and General Engineering purpose and Gas chambers, etc. , for about 20 years. One Mr. G. Kesavalu Naidu alias Kesavan of Mottur village of Vaniambadi Taluk, viz. , the second respondent, lodged a private complaint before the District Munsif-cum-Judicial Magistrate, Vaniyambadi for the offence under Sections 420, 468 and 471 I. P. C. read with Section 63 of the Copy Right Act on 25. 8. 2003 and on forwarding the said complaint by the Judicial Magistrate, Vaniyambadi, the Vaniyambadi Town Police Station has registered the case in Crime No. 771 of 2003 and investigation is pending. The complaint does not disclose any criminal act against the first petitioner company or the Directors. In the complaint, it is stated that the complainant/second respondent is having business at Bangalore and invented "mild Steel Tubes" used for drilling of bore-wells having specific diameters and adopting specific engineering method. The complainant is using mild tube with outer diameter of 170 mm to 193. 6 mm and he filed application on 2. 1. 2003 to obtain the Copy Right and another application for Trade Mark Registration for their Logo "gkt". It is claimed by the complainant that the accused are manufacturing the spurious pipes similar to the pipes manufactured and marketed by the complainant, because of which, many dealers are cheated resulting lesser sales of the product of the complainant and loss in business. It is also stated in the complainant that the dealers and Rig Owners, who are cheated, informed the complainant that they are getting supply of such duplicate and forged pipes similar to the product of the complainant without the Logo "gkt". The petitioners are manufacturing the Steel Pipes for more than 21 years as per the Indian Standard Specification for Steel Tubes for mechanical and General Engineering purposes IS - 3601 - 1984 having the dimension of the pipe ranging from 21. 3 mm outer diameter to 406. 4 mm outer diameter. The patent right and trade mark have not been obtained by the complainant and only applications are pending with Patent and Trade Mark Registration Offices and as such, there is no violation of Sections 51 and 62 of Copy Right Act and punishable under Section 63 of the Copy Right Act. The Copy Right Act can be invoked only in the case of the complainant having Registered Patent Right and Trade Mark Right and for violation of the same, Copy Right Act can be attracted.

(3.) THE offences alleged under Sections 420, 468 and 471 I. P. C. are not applicable to the facts of this case. Section 63 of the Copy Right Act is also not attracted within the meaning of Section 2 Sub Clause (C) of the Act, as per which artistic work is defined. As per Section 24 of the Patents Act, 1970 and during the pendency of the application for Patent Right, the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed. The Circle Inspector of Police, Vaniyambadi Town Police Station along with 2 Sub Inspectors and 12 Police Constables, accompanied by the complainant and his henchmen nearly about 30 persons on 16. 10. 2003 came to the factory of the petitioners at Kothur village, Shad Nagar Taluk, Magaboob Nagar District, Andhra Pradesh and by showing the search warrant issued by the District Munsif-cum-Judicial Magistrate, Vaniyambadi conducted search and seized from the factory 90 numbers of Mild Steel tubes, each measuring 6 meters length weighing 47 to 48 kg each length and 3 numbers of the dies/rolls from the machinery totally valued about 2. 55 Lakhs. Therefore, the petitioners have filed this petition to quash the criminal proceedings initiated in Crime No. 771 of 2003 pending investigation on the file of the Circle Inspector of Police, Town Police Station, Vaniyambadi.